[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Pages 51570-51608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20298]



[[Page 51569]]

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Part III





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines; Final Rule

  Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules 
and Regulations  

[[Page 51570]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9190-3]
RIN 2060-AP36


National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating national emission standards for hazardous 
air pollutants for existing stationary spark ignition reciprocating 
internal combustion engines that either are located at area sources of 
hazardous air pollutant emissions or that have a site rating of less 
than or equal to 500 brake horsepower and are located at major sources 
of hazardous air pollutant emissions.

DATES: This final rule is effective on October 19, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0708. EPA also relies on materials in Docket ID 
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030 and incorporates those dockets into the record for this final 
rule. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time 
(EST), Monday through Friday. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
and Radiation Docket and Information Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address [email protected].

SUPPLEMENTARY INFORMATION: Background Information Document. On March 5, 
2009 (71 FR 9698), EPA proposed national emission standards for 
hazardous air pollutants (NESHAP) for existing stationary reciprocating 
internal combustion engines (RICE) that either are located at area 
sources of hazardous air pollutants (HAP) emissions or that have a site 
rating of less than or equal to 500 brake horsepower (HP) and are 
located at major sources of HAP emissions. A summary of the public 
comments on the proposal and EPA's responses to the comments, as well 
as the Regulatory Impact Analysis Report, are available in Docket ID 
No. EPA-HQ-OAR-2008-0708.
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background
III. Summary of This Final Rule
    A. What is the source category regulated by this final rule?
    B. What are the pollutants regulated by this final rule?
    C. What are the final requirements?
    D. What are the operating limitations?
    E. What are the requirements for demonstrating compliance?
    F. What are the reporting and recordkeeping requirements?
IV. Summary of Significant Changes Since Proposal
    A. Applicability
    B. Final Emission Standards
    C. Management Practices
    D. Startup, Shutdown and Malfunction
    E. Method 323
    F. Other
V. Summary of Responses to Major Comments
    A. Applicability
    B. Emission Standards
    C. Management Practices
    D. Method 323
    E. Other
VI. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the benefits?
    D. What are the economic impacts?
    E. What are the non-air health, environmental and energy 
impacts?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                    Category                     NAICS \1\                                 Examples of regulated entities
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Any industry using a stationary internal              2211  Electric power generation, transmission, or distribution.
 combustion engine as defined in this final
 rule.
                                                    622110  Medical and surgical hospitals.
                                                     48621  Natural gas transmission.
                                                    211111  Crude petroleum and natural gas production.
                                                    211112  Natural gas liquids producers.
                                                     92811  National security.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the

[[Page 51571]]

applicability criteria of this final rule. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit by 
October 19, 2010. Under section 307(d)(7)(B) of the CAA, only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to EPA that it was impracticable to raise such objection within [the 
period for public comment] or if the grounds for such objection arose 
after the period for public comment (but within the time specified for 
judicial review) and if such objection is of central relevance to the 
outcome of the rule.'' Any person seeking to make such a demonstration 
to us should submit a Petition for Reconsideration to the Office of the 
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the 
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

II. Background

    This action promulgates NESHAP for existing stationary spark 
ignition (SI) RICE with a site rating of less than or equal to 500 HP 
located at major sources, and existing stationary SI RICE of any site 
rating located at area sources. EPA is finalizing these standards to 
meet its statutory obligation to address HAP emissions from these 
sources under sections 112(d), 112(c)(3) and 112(k) of the CAA. The 
final NESHAP for stationary RICE will be promulgated under 40 CFR part 
63, subpart ZZZZ, which already contains standards applicable to new 
and reconstructed stationary RICE and some existing stationary RICE.
    EPA promulgated NESHAP for existing, new, and reconstructed 
stationary RICE greater than 500 HP located at major sources on June 
15, 2004 (69 FR 33474). EPA promulgated NESHAP for new and 
reconstructed stationary RICE that are located at area sources of HAP 
emissions and for new and reconstructed stationary RICE that have a 
site rating of less than or equal to 500 HP that are located at major 
sources of HAP emissions on January 18, 2008 (73 FR 3568). On March 3, 
2010, EPA promulgated NESHAP for existing stationary compression 
ignition (CI) RICE with a site rating of less than or equal to 500 HP 
located at major sources, existing non-emergency CI engines with a site 
rating greater than 500 HP at major sources, and existing stationary CI 
RICE of any site rating located at area sources (75 FR 9674).

III. Summary of This Final Rule

A. What is the source category regulated by this final rule?

    This final rule addresses emissions from existing stationary SI 
engines less than or equal to 500 HP located at major sources and all 
existing stationary SI engines located at area sources. A major source 
of HAP emissions is generally a stationary source that emits or has the 
potential to emit 10 tons per year or more of any single HAP or 25 tons 
per year or more of any combination of HAP. An area source of HAP 
emissions is a stationary source that is not a major source.
    This action revises the regulations at 40 CFR part 63, subpart 
ZZZZ. Through this action, we are adding to 40 CFR part 63, subpart 
ZZZZ requirements for: existing SI stationary RICE less than or equal 
to 500 HP located at major sources of HAP and existing SI stationary 
RICE located at area sources of HAP.
1. Existing Stationary SI RICE <= 500 HP at Major Sources of HAP
    This action revises 40 CFR part 63, subpart ZZZZ, to address HAP 
emissions from existing stationary SI RICE less than or equal to 500 HP 
located at major sources of HAP. For stationary engines less than or 
equal to 500 HP at major sources, EPA must determine what is the 
appropriate maximum achievable control technology (MACT) for those 
engines under sections 112(d)(2) and (d)(3) of the CAA.
    EPA has divided stationary SI RICE less than or equal to 500 HP 
located at major sources of HAP into the following subcategories:
     Non-emergency 2-stroke lean burn (2SLB) stationary SI RICE 
100-500 HP;
     Non-emergency 4-stroke lean burn (4SLB) stationary SI RICE 
100-500 HP;
     Non-emergency 4-stroke rich burn (4SRB) stationary SI RICE 
100-500 HP;
     Non-emergency landfill and digester gas stationary SI RICE 
100-500 HP;
     Non-emergency stationary SI RICE < 100 HP; and
     Emergency stationary SI RICE.
2. Existing Stationary SI RICE at Area Sources of HAP
    This action revises 40 CFR part 63, subpart ZZZZ, in order to 
address HAP emissions from existing stationary SI RICE located at area 
sources of HAP. Section 112(d) of the CAA requires EPA to establish 
NESHAP for both major and area sources of HAP that are listed for 
regulation under CAA section 112(c). As noted above, an area source is 
a stationary source that is not a major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP that, as a result of emissions of area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). Specifically, in the 
Strategy, EPA identified 30 HAP that pose the greatest potential health 
threat in urban areas, and these HAP are referred to as the ``30 urban 
HAP.'' Section 112(c)(3) of the CAA requires EPA to list sufficient 
categories or subcategories of area sources to ensure that area sources 
representing 90 percent of the emissions of the 30 urban HAP are 
subject to regulation. EPA implemented these requirements through the 
Integrated Urban Air Toxics Strategy (64 FR 38715,

[[Page 51572]]

July 19, 1999). The area source stationary engine source category was 
one of the listed categories. A primary goal of the Strategy is to 
achieve a 75 percent reduction in cancer incidence attributable to HAP 
emitted from stationary sources.
    Under CAA section 112(d)(5), EPA may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technologies or management practices by 
such sources to reduce emissions of hazardous air pollutants.'' 
Additional information on generally available control technologies 
(GACT) and management practices is found in the Senate report on the 
legislation (Senate report Number 101-228, December 20, 1989), which 
describes GACT as:

    * * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

Consistent with the legislative history, EPA can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories, like this one, that 
have many small businesses.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. EPA also considers the 
standards applicable to major sources in the same industrial sector to 
determine if the control technologies and management practices are 
transferable and generally available to area sources. In appropriate 
circumstances, EPA may also consider technologies and practices at area 
and major sources in similar categories to determine whether such 
technologies and practices could be considered generally available for 
the area source category at issue. Finally, as EPA has already noted, 
in determining GACT for a particular area source category, EPA 
considers the costs and economic impacts of available control 
technologies and management practices on that category.
    The urban HAP that must be regulated from stationary SI RICE to 
achieve the CAA section 112(c)(3) requirement to regulate categories 
accounting for 90 percent of the urban HAP are: 7 polycyclic aromatic 
hydrocarbons (PAH), formaldehyde, and acetaldehyde.
    Similar to existing stationary SI RICE at major sources, EPA has 
also divided the existing stationary SI RICE at area sources into 
subcategories in order to properly take into account the differences 
between these engines. The subcategories for existing stationary SI 
RICE at area sources are as follows:
     Non-emergency 2SLB stationary SI RICE
     Non-emergency 4SLB stationary SI RICE
    [cir] <= 500 HP
    [cir] > 500 HP that operate more than 24 hours per calendar year
    [cir] > 500 HP that operate 24 hours or less per calendar year
     Non-emergency 4SRB stationary SI RICE
    [cir] <= 500 HP that operate more than 24 hours per calendar year
    [cir] > 500 HP that operate 24 hours or less per calendar year
     Non-emergency landfill and digester gas stationary SI RICE
     Emergency stationary SI RICE.

B. What are the pollutants regulated by this final rule?

    This final rule regulates emissions of HAP. Available emissions 
data show that several HAP, which are formed during the combustion 
process or which are contained within the fuel burned, are emitted from 
stationary engines. The HAP which have been measured in emission tests 
conducted on SI stationary RICE include: Formaldehyde, acetaldehyde, 
acrolein, methanol, benzene, toluene, 1,3-butadiene, 2,2,4-
trimethylpentane, hexane, xylene, naphthalene, PAH, methylene chloride, 
and ethylbenzene. EPA described the health effects of these HAP and 
other HAP emitted from the operation of stationary RICE in the preamble 
to 40 CFR part 63, subpart ZZZZ, published on June 15, 2004 (69 FR 
33474). More detail on the health effects of these HAP and other HAP 
emitted from the operation of stationary RICE can be found in the 
Regulatory Impact Analysis (RIA) for this final rule. These HAP 
emissions are known to cause, or contribute significantly to air 
pollution, which may reasonably be anticipated to endanger public 
health or welfare.
    For the standards being finalized in this action, EPA believes that 
previous determinations regarding the appropriateness of using 
formaldehyde and carbon monoxide (CO) both in concentration (parts per 
million (ppm)) levels as surrogates for HAP for stationary RICE are 
still valid. Consequently, EPA is promulgating CO or formaldehyde 
standards in order to regulate HAP emissions.
    In addition to reducing HAP, the emission control technologies that 
will be installed on stationary RICE to reduce HAP will also reduce CO 
and VOC, and for rich burn engines will also reduce NOX.

C. What are the final requirements?

1. Existing Stationary SI RICE <= 500 HP at Major Sources of HAP
    The numerical emission standards that are being finalized in this 
action for existing stationary non-emergency SI RICE less than or equal 
to 500 HP located at major sources of HAP are shown in Table 1 of this 
preamble. The emission standards are in units of ppm by volume, dry 
basis (ppmvd).

      Table 1--Emission Standards for Existing Stationary SI RICE <= 500 HP Located at Major Sources of HAP
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                Subcategory                                    Except during periods of startup
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2SLB Non-Emergency 100 <= HP <= 500........  225 ppmvd CO at 15% O2.
4SLB Non-Emergency 100 <= HP <= 500........  47 ppmvd CO at 15% O2.
4SRB Non-Emergency 100 <= HP <= 500........  10.3 ppmvd formaldehyde at 15% O2.
Landfill/Digester Gas Non-Emergency 100 <=   177 ppmvd CO at 15% O2.
 HP <= 500.
----------------------------------------------------------------------------------------------------------------

    EPA is finalizing work practice standards for existing emergency 
stationary SI RICE less than or equal to 500 HP located at major 
sources of HAP and existing non-emergency stationary SI RICE less than 
100 HP located at major sources of HAP. Existing stationary emergency 
SI RICE less than or equal to 500 HP located at major sources of HAP 
are subject to the following work practices:
     Change oil and filter every 500 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 1,000 hours of operation or 
annually,

[[Page 51573]]

whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 500 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Existing stationary non-emergency SI RICE less than 100 HP located 
at major sources of HAP that are not 2SLB stationary RICE are subject 
to the following work practices:
     Change oil and filter every 1,440 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 1,440 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 1,440 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Existing 2SLB stationary SI RICE less than 100 HP located at major 
sources of HAP are subject to the following work practices:
     Change oil and filter every 4,320 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 4,320 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 4,320 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Sources also have the option to use an oil change analysis program 
to extend the oil change frequencies specified above. The analysis 
program must at a minimum analyze the following three parameters: Total 
Acid Number, viscosity, and percent water content. The analysis must be 
conducted at the same frequencies specified for changing the engine 
oil. If the condemning limits provided below are not exceeded, the 
engine owner or operator is not required to change the oil. If any of 
the condemning limits are exceeded, the engine owner or operator must 
change the oil within two days of receiving the results of the 
analysis; if the engine is not in operation when the results of the 
analysis are received, the engine owner or operator must change the oil 
within two days or before commencing operation, whichever is later. The 
condemning limits are as follows:
     Total Acid Number increases by more than 3.0 milligrams 
potassium hydroxide per gram from Total Acid Number of the oil when 
new; or
     Viscosity of the oil changes by more than 20 percent from 
the viscosity of the oil when new; or
     Percent water content (by volume) is greater than 0.5.
    Pursuant to the provisions of 40 CFR 63.6(g), sources can also 
request that the Administrator approve alternative work practices.
2. Existing Stationary SI RICE at Area Sources of HAP
    The numerical emission standards that EPA is finalizing for non-
emergency 4SLB stationary SI RICE and non-emergency 4SRB stationary SI 
RICE located at area sources of HAP are shown in Table 2.

  Table 2--Numerical Emission Standards for Existing Non-Emergency 4SLB
 Stationary SI RICE > 500 HP Located at Area Sources of HAP and Existing
 Non-Emergency 4SRB Stationary SI RICE > 500 HP Located at Area Sources
                                 of HAP
------------------------------------------------------------------------
                                             Except during periods of
              Subcategory                            startup
------------------------------------------------------------------------
4SLB Non-Emergency > 500 HP that         47 ppmvd CO at 15% O2 or 93% CO
 operate more than 24 hours per           reduction.
 calendar year.
4SRB Non-Emergency > 500 HP that         2.7 ppmvd formaldehyde at 15%
 operate more than 24 hours per           O2 or 76% formaldehyde
 calendar year.                           reduction.
------------------------------------------------------------------------

    EPA is finalizing management practices for existing non-emergency 
4SLB stationary SI RICE less than or equal to 500 HP located at area 
sources of HAP, existing non-emergency 4SLB stationary SI RICE greater 
than 500 HP located at area sources of HAP that operate 24 hours or 
less per calendar year, existing non-emergency 4SRB stationary SI RICE 
less than or equal to 500 HP located at area sources of HAP, existing 
non-emergency 4SRB stationary SI RICE greater than 500 HP located at 
area sources of HAP that operate 24 hours or less per calendar year, 
existing 2SLB non-emergency stationary SI RICE located at area sources 
of HAP, existing non-emergency landfill and digester gas stationary 
RICE located at area sources of HAP, and existing emergency stationary 
SI RICE located at area sources of HAP.
    Existing non-emergency 4SLB and 4SRB stationary SI RICE less than 
or equal to 500 HP located at area sources of HAP and existing landfill 
or digester gas non-emergency stationary SI RICE located at area 
sources of HAP are subject to the following management practices:
     Change oil and filter every 1,440 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 1,440 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 1,440 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Existing stationary 2SLB non-emergency engines located at area 
sources of HAP are subject to the following management practices:
     Change oil and filter every 4,320 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 4,320 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 4,320 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Existing stationary emergency SI RICE located at area sources of 
HAP and existing non-emergency 4SLB and 4SRB stationary SI RICE greater 
than 500 HP located at area sources of HAP that operate 24 hours or 
less per calendar year are subject to the following management 
practices:

[[Page 51574]]

     Change oil and filter every 500 hours of operation or 
annually, whichever comes first, except that sources can extend the 
period for changing the oil if the oil is part of an oil analysis 
program as discussed below and none of the condemning limits are 
exceeded;
     Inspect spark plugs every 1,000 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 500 hours of operation 
or annually, whichever comes first, and replace as necessary.
    As discussed above for major sources, these sources may utilize an 
oil analysis program, as described above, to extend the specified oil 
change requirement specified above. Also, sources have the option to 
work with State permitting authorities pursuant to EPA's regulations at 
40 CFR subpart E (``Approval of State Programs and Delegation of 
Federal Authorities'') for approval of alternative management 
practices. 40 CFR subpart E implements section 112(l) of the CAA, which 
authorizes EPA to approve alternative State/local/tribal HAP standards 
or programs when such requirements are demonstrated to be no less 
stringent than EPA promulgated standards.
3. Startup Requirements
    Existing stationary SI RICE less than or equal to 500 HP located at 
major sources of HAP and existing stationary SI RICE located at area 
sources of HAP must meet specific operational standards during engine 
startup. Engine startup is defined as the time from initial start until 
applied load and engine and associated equipment reaches steady state 
or normal operation. For stationary engines with catalytic controls, 
engine startup means the time from initial start until applied load and 
engine and associated equipment reaches steady state, or normal 
operation, including the catalyst. Owners and operators must minimize 
the engine's time spent at idle and minimize the engine's startup to a 
period needed for appropriate and safe loading of the engine, not to 
exceed 30 minutes, after which time the engine must meet the otherwise 
applicable emission standards. These requirements will limit the HAP 
emissions during periods of engine startup. Pursuant to the provisions 
of 40 CFR 63.6(g), engines at major sources may petition the 
Administrator for an alternative work practice. An owner or operator of 
an engine at an area source can work with its State permitting 
authority pursuant to EPA's regulations at 40 CFR subpart E for 
approval of an alternative management practice. See 40 CFR subpart E 
(setting forth requirements for, among other things, equivalency by 
permit, rule substitution).

D. What are the operating limitations?

    In addition to the standards discussed above, EPA is finalizing 
operating limitations for existing stationary non-emergency 4SLB and 
4SRB RICE that are greater than 500 HP, located at an area source of 
HAP, and operated more than 24 hours per calendar year. Owners and 
operators of engines that are equipped with oxidation catalyst or non-
selective catalytic reduction (NSCR) must maintain the catalyst so that 
the pressure drop across the catalyst does not change by more than 2 
inches of water from the pressure drop across the catalyst that was 
measured during the initial performance test. If the engine is equipped 
with oxidation catalyst, owners and operators must also maintain the 
temperature of the stationary RICE exhaust so that the catalyst inlet 
temperature is between 450 and 1,350 degrees Fahrenheit ([deg]F). If 
the engine is equipped with NSCR, owners and operators must maintain 
the temperature of the stationary RICE exhaust so that the NSCR inlet 
temperature is between 750 and 1,250 [deg]F. Owners and operators may 
petition for a different temperature range; the petition must 
demonstrate why it is operationally necessary and appropriate to 
operate below the temperature range specified in this final rule (see 
40 CFR 63.8(f)). Owners and operators of engines that are not using 
oxidation catalyst or NSCR must comply with any operating limitations 
approved by the Administrator.

E. What are the requirements for demonstrating compliance?

    The following sections describe the requirements for demonstrating 
compliance under this final rule.
1. Existing Stationary SI RICE <= 500 at Major Sources of HAP
    Owners and operators of existing stationary non-emergency SI RICE 
located at major sources that are less than 100 HP and existing 
stationary emergency SI RICE located at major sources must operate and 
maintain their stationary RICE and aftertreatment control device (if 
any) according to the manufacturer's emission-related written 
instructions or develop their own maintenance plan. The maintenance 
plan must specify how the work practices will be met and provide to the 
extent practicable for the maintenance and operation of the engine in a 
manner consistent with good air pollution control practices for 
minimizing emissions. Owners and operators of existing stationary non-
emergency SI RICE located at major sources that are less than 100 HP 
and existing stationary emergency SI RICE located at major sources do 
not have to conduct any performance testing because they are not 
subject to numerical emission standards.
    Owners and operators of existing stationary non-emergency SI RICE 
located at major sources that are greater than or equal to 100 HP and 
less than or equal to 500 HP must conduct an initial performance test 
to demonstrate that they are achieving the required emission standards.
2. Existing Stationary SI RICE at Area Sources of HAP
    Owners and operators of existing stationary RICE located at area 
sources of HAP that are subject to management practices do not have to 
conduct any performance testing; they must develop a maintenance plan 
that specifies how the management practices will be met and provides to 
the extent practicable for the maintenance and operation of the engine 
in a manner consistent with good air pollution control practices for 
minimizing emissions. Owners and operators of existing 4SLB and 4SRB 
non-emergency stationary SI RICE that are greater than 500 HP, located 
at an area source of HAP, and operated more than 24 hours per calendar 
year must conduct an initial performance test to demonstrate compliance 
with the applicable emission limitations and must conduct subsequent 
performance testing every 8,760 hours of operation or 3 years, 
whichever comes first. Owners and operators of existing 4SLB and 4SRB 
non-emergency stationary SI RICE that are greater than 500 HP, located 
at an area source of HAP, and operated more than 24 hours per calendar 
year must continuously monitor and record the inlet temperature of the 
oxidation catalyst or NSCR and also take monthly measurements of the 
pressure drop across the oxidation catalyst or NSCR. If an oxidation 
catalyst or NSCR is not being used on the engine, the owner or operator 
must continuously monitor and record the operating parameters (if any) 
approved by the Administrator. As discussed in the March 3, 2010, final 
NESHAP for existing stationary CI RICE (75 FR 9648) and in section 
V.E., EPA is finalizing performance specification requirements in 40 
CFR part 63, subpart ZZZZ for the continuous parametric monitoring 
systems used for continuous catalyst inlet temperature monitoring.

[[Page 51575]]

F. What are the reporting and recordkeeping requirements?

    The following sections describe the reporting and recordkeeping 
requirements that are required under this final rule.
    Owners and operators of existing stationary emergency SI RICE that 
do not meet the requirements for non-emergency engines are required to 
keep records of their hours of operation. Owners and operators of 
existing stationary emergency SI RICE must install a non-resettable 
hour meter on their engines to record the hours of operation of the 
engine.
    Owners and operators of existing stationary SI RICE located at 
major sources that are subject to work practices and existing 
stationary SI RICE located at area sources that are subject to 
management practices are required to keep records that show that the 
work or management practices that are required are being met. These 
records must include, at a minimum: Oil and filter change dates and 
corresponding engine hours of operation (determined using hour meter, 
fuel consumption data, or other appropriate methods); inspection and 
replacement dates for spark plugs, hoses, and belts; and records of 
other emission-related repairs and maintenance performed.
    In terms of reporting requirements, owners and operators of 
existing non-emergency stationary SI RICE greater than or equal to 100 
HP and less than or equal to 500 HP located at major sources of HAP and 
existing non-emergency 4SLB and 4SRB stationary RICE greater than 500 
HP located at area sources of HAP that operate more than 24 hours per 
calendar year must submit the notifications required in Table 8 of 40 
CFR part 63, subpart ZZZZ, which lists the NESHAP General Provisions 
applicable to this rule. (40 CFR part 63, subpart A) These 
notifications include an initial notification, notification of 
performance test, and a notification of compliance for each stationary 
RICE which must comply with the specified emission limitations. Owners 
and operators of existing stationary non-emergency SI RICE greater than 
or equal to 100 HP and less than or equal to 500 HP located at major 
sources of HAP and existing stationary 4SLB and 4SRB non-emergency SI 
RICE greater than 500 HP located at area sources of HAP that operate 
more than 24 hours per calendar year must submit semiannual compliance 
reports.

IV. Summary of Significant Changes Since Proposal

A. Applicability

    A change from the proposal is that this final rule is not 
applicable to existing stationary emergency engines at area sources 
that are located at residential, commercial, or institutional 
facilities. These engines are not subject to any requirements under 
this final rule because they are not part of the regulated source 
category. EPA has found that existing stationary emergency engines 
located at residential, commercial, and institutional facilities that 
are area sources were not included in the original Urban Air Toxics 
Strategy inventory and were not included in the listing of urban area 
sources. More information on this issue can be found in the memorandum 
titled, ``Analysis of the Types of Engines Used to Estimate the CAA 
Section 112(k) Area Source Inventory for Stationary Reciprocating 
Internal Combustion Engines,'' available from the rulemaking docket. In 
the March 3, 2010, final NESHAP for existing stationary CI RICE (75 FR 
9648), EPA included a definition for residential/commercial/
institutional emergency stationary RICE. After the final rule was 
promulgated, EPA received numerous questions regarding the definition 
and whether certain types of facilities would meet the definition. In 
this final rule, EPA is separating the definition into individual 
definitions for residential emergency stationary RICE, commercial 
emergency stationary RICE, and institutional emergency stationary RICE, 
and is also providing additional examples of the types of facilities 
that would be included under those categories in the definitions. EPA 
has also prepared a memorandum to provide further guidance regarding 
the types of facilities that would or would not be considered 
residential, commercial, or institutional facilities. The memorandum is 
titled, ``Guidance Regarding Definition of Residential, Commercial, and 
Institutional Emergency Stationary RICE in the NESHAP for Stationary 
RICE,'' and is available in the rulemaking docket.

B. Final Emission Standards

1. Existing Stationary SI Engines <= 500 HP Located at Major Sources of 
HAP
    EPA is revising the emission standards that it proposed for the 
subcategories of stationary SI engines less than or equal to 500 HP 
located at major sources. As discussed in section V.B., numerous 
commenters indicated that EPA's dataset used to establish the proposed 
emission limits was insufficient and urged EPA to gather more data to 
obtain a more complete representation of emissions from existing 
stationary SI engines. Commenters also questioned the emission standard 
setting approach that EPA used at proposal and claimed that the 
proposed standards did not take into account emissions variability. For 
this final rule, EPA has obtained additional test data for existing 
stationary SI engines and has included this additional data in the MACT 
floor analysis. EPA is also using an approach that better considers 
emissions variability, as discussed in V.B. below. EPA is also not 
using the Population Database to determine a percentage of engines that 
have emission controls installed, as it did at proposal. The Population 
Database has not been updated since 2000. It contains information 
regarding whether or not an engine has emission controls, but does not 
generally contain other types of emission-related information, like 
engine-out emissions or operational controls, and it does not include 
any emissions concentration data, which is necessary to determine the 
MACT floor. EPA determined that it would be more appropriate and more 
defensible to base the MACT floor analysis directly on the emissions 
data that EPA has for stationary SI engines, including data that was 
not used in the proposal. A more detailed discussion of both EPA's MACT 
floor and beyond-the-MACT-floor analysis can be found in the memorandum 
titled ``MACT Floor and MACT Determination for Existing Stationary SI 
RICE <= 500 HP Located at Major Sources''.
    For 2SLB non-emergency engines, EPA proposed a limit of 85 ppmvd CO 
for engines from 50 to 249 HP and 8 ppmvd CO or 90 percent CO reduction 
for engines greater than or equal to 250 HP. EPA is finalizing an 
emission limit of 225 ppmvd CO for 2SLB non-emergency engines from 100 
to 500 HP. For 4SLB non-emergency engines, EPA proposed a limit of 95 
ppmvd CO for engines from 50 to 249 HP and 9 ppmvd CO or 90 percent CO 
reduction for engines greater than or equal to 250 HP. EPA is 
finalizing an emission limit of 47 ppmvd CO for 4SLB non-emergency 
engines from 100 to 500 HP. For 4SRB non-emergency engines from 50 to 
500 HP, EPA proposed an emission limit of 200 ppbvd (parts per billion 
by volume, dry basis) formaldehyde or 90 percent formaldehyde 
reduction. EPA is finalizing an emission limit of 10.3 ppmvd 
formaldehyde for 4SRB non-emergency engines from 100 to 500 HP.

[[Page 51576]]

For landfill and digester gas engines, EPA proposed an emission limit 
of 177 ppmvd CO; EPA is finalizing an emission limit of 177 ppmvd CO.
    For the proposed rule, EPA required existing stationary engines 
less than 50 HP that are located at major sources to meet a 
formaldehyde emission standard. As discussed in the final rule 
published on March 3, 2010, for existing stationary CI RICE (75 FR 
9674), EPA is not finalizing a formaldehyde emission standard for 
stationary SI engines less than 50 HP, but is instead requiring 
compliance with work practices. In addition, in light of several 
comments asserting that the level at which EPA subcategorized small 
engines at major sources was inappropriate, EPA is finalizing a work 
practice standard for engines less than 100 HP. These work practices 
are described in section III.C. of this preamble. EPA believes that 
work practices are appropriate and justified for this group of 
stationary engines because the application of measurement methodology 
is not practicable due to technological and economic limitations. 
Further information on EPA's decision can be found in the memorandum 
titled, ``MACT Floor and MACT Determination for Existing Stationary 
Non-Emergency SI RICE < 100 HP and Existing Stationary Emergency SI 
RICE Located at Major Sources and GACT for Existing Stationary SI RICE 
Located at Area Sources,'' which is available from the rulemaking 
docket.
    For existing stationary emergency engines located at major sources, 
EPA proposed that these engines be subject to a 2 ppmvd formaldehyde 
emission standard. In this final rule, existing stationary emergency SI 
engines located at major sources of HAP must meet work practices. These 
work practices are described in section III.C. of this preamble. EPA 
believes that work practices are appropriate and justified for this 
group of stationary engines because the application of measurement 
methodology is not practicable due to technological and economic 
limitations. Further information on EPA's decision can be found in the 
memorandum titled, ``MACT Floor and MACT Determination for Existing 
Stationary Non-Emergency SI RICE <100 HP and Existing Stationary 
Emergency SI RICE Located at Major Sources and GACT for Existing 
Stationary SI RICE Located at Area Sources,'' which is available from 
the rulemaking docket.
2. Existing Stationary SI Engines Located at Area Sources of HAP
    EPA proposed numerical emission standards for the following 
stationary SI engines located at area sources of HAP: non-emergency 
2SLB and 4SLB greater than or equal to 250 HP, non-emergency 4SRB 
greater than or equal to 50 HP, landfill and digester gas fired greater 
than 500 HP, and emergency greater than 500 HP. For the remaining 
engines at area sources, EPA proposed management practice standards.
    In this final rule, EPA is promulgating numerical emission 
standards for non-emergency 4SLB and 4SRB stationary SI RICE larger 
than 500 HP located at area sources of HAP emissions that operate more 
than 24 hours per calendar year. For non-emergency 4SLB engines greater 
than 500 HP located at area sources of HAP, EPA proposed an emission 
limit of 9 ppmvd CO or 90 percent CO reduction; EPA is finalizing an 
emission limit of 47 ppmvd CO or 93 percent CO reduction. For non-
emergency 4SRB engines greater than 500 HP located at area sources of 
HAP, EPA proposed an emission limit of 200 ppbvd formaldehyde or 90 
percent formaldehyde reduction and is finalizing an emission limit of 
2.7 ppmvd formaldehyde or 76 percent formaldehyde reduction. For 
stationary SI RICE located at area sources of HAP that are non-
emergency 2SLB stationary SI RICE greater than or equal to 250 HP, non-
emergency 4SLB stationary SI RICE between 250 and 500 HP, non-emergency 
4SRB stationary SI RICE between 50 and 500 HP, landfill/digester gas 
stationary SI RICE greater than 500 HP, or emergency stationary SI RICE 
greater than 500 HP, EPA is finalizing management practices rather than 
numeric emission limitations as proposed. EPA is also finalizing 
management practices for non-emergency 4SLB and 4SRB stationary SI RICE 
that are greater than 500 HP, located at area sources of HAP, and 
operated 24 hours or less per calendar year.

C. Management Practices

    EPA proposed management practices for several subcategories of 
engines located at area sources. EPA explained that the proposed 
management practices would be expected to ensure that emission control 
systems are working properly and would help minimize HAP emissions from 
the engines. EPA proposed specific maintenance practices and asked for 
comments on the need and appropriateness for those procedures. Based on 
feedback received during the public comment period, which included 
information submitted in comment letters and additional information EPA 
received following the close of the comment period from different 
industry groups, EPA is finalizing management practices for existing 
stationary 2SLB non-emergency SI engines located at area sources of 
HAP, existing stationary 4SLB and 4SRB non-emergency SI engines less 
than or equal to 500 HP located at area sources of HAP; existing 
stationary landfill and digester gas non-emergency engines located at 
area sources of HAP; and existing emergency stationary SI engines 
located at area sources of HAP.
    Based on the comments on the proposal and additional information 
received from stakeholders, EPA made changes to the intervals for the 
management practices from the proposal. EPA is also adding an option 
for sources to use an oil change analysis program to extend the oil 
change frequencies specified above. The analysis program must at a 
minimum analyze the following three parameters: Total Acid Number, 
viscosity, and percent water content. If the condemning limits for 
these parameters are not exceeded, the engine owner or operator is not 
required to change the oil. If any of the limits are exceeded, the 
engine owner or operator must change the oil within two days of 
receiving the results of the analysis; if the engine is not in 
operation when the results of the analysis are received, the engine 
owner or operator must change the oil within two days or before 
commencing operation, whichever is later. Owners and operators of all 
engines subject to management practices also have the option to work 
with State permitting authorities pursuant to EPA's regulations at 40 
CFR subpart E for alternative management practices to be used instead 
of the specific management practices promulgated in this final rule. 
The management practices must be at least as stringent as those 
specified in this final rule.

D. Startup, Shutdown, and Malfunction

    EPA proposed formaldehyde and CO emission standards for existing 
stationary engines at major sources to apply during periods of startup 
and malfunction. EPA also proposed certain standards for existing 
stationary engines at area sources that would apply during startup and 
malfunction. EPA did not propose distinct standards for periods of 
shutdown. EPA proposed that engines would be subject to the same 
standards during shutdown as are applicable during other periods of 
operation.
    Based on various comments and concerns with the proposed emission 
standards for periods of startup, EPA has determined that it is not 
feasible to finalize numerical emission standards that would apply 
during startup because the application of measurement methodology to 
this operation is not

[[Page 51577]]

practicable due to technological and economic limitations. This issue 
is discussed in detail in the final rule published on March 3, 2010 (75 
FR 9674), and as discussed in the Response to Comments for this rule, 
the analysis is the same for the engines regulated in this final rule.
    As a result, EPA is extending the operational standards during 
startup it promulgated in the March 3, 2010, final rule (75 FR 9674), 
which specify that owners and operators must limit the engine startup 
time to no more than 30 minutes and must minimize the engine's time 
spent at idle during startup, to the engines newly subject to 
regulation in this rule.
    With respect to malfunctions, EPA proposed two options for 
subcategories where the proposed emission standard was based on the use 
of catalytic controls. The first proposed option was to have the same 
standards apply during normal operation and malfunctions. The second 
proposed option was that standards during malfunctions be based on 
emissions expected from the best controlled sources prior to the full 
warm-up of the catalytic control. For subcategories where the proposed 
emission standard was not based on the use of catalytic controls, we 
proposed the same emission limitations apply during malfunctions and 
periods of normal operations. EPA is finalizing the first option 
described above, which is that the same standards apply during normal 
operation and malfunctions. In the proposed rule, EPA expressed the 
view that there are different modes of operation for any stationary 
source, and that these modes generally include startup, normal 
operations, shutdown, and malfunctions. However, as discussed in detail 
in the final rule published on March 3, 2010 (75 FR 9674), and as 
discussed in the Response to Comments for this rule, after considering 
the issue of malfunctions more carefully, EPA has determined that 
malfunctions should not be viewed as a distinct operating mode and, 
therefore, any emissions that occur at such times do not need to be 
factored into development of CAA section 112(d) standards, which, once 
promulgated, apply at all times. In addition, as discussed in detail in 
the final rule published on March 3, 2010 (75 FR 9674), and as 
discussed in the Response to Comments for this rule, EPA believes that 
malfunctions will not cause stationary engines to violate the standard 
that applies during normal operations. Therefore, the standards that 
apply during normal operation also apply during malfunction.

E. Method 323

    EPA proposed to remove Method 323 as an option for determining 
compliance with formaldehyde emission limitations in 40 CFR part 63, 
subpart ZZZZ. EPA Method 323 was first proposed as part of the NESHAP 
for Stationary Combustion Turbines published January 14, 2003, (68 FR 
1888) for measuring formaldehyde emissions from natural gas-fired 
sources. However, the method was not included in the final Stationary 
Combustion Turbines NESHAP due to reliability concerns and EPA never 
promulgated EPA Method 323 as a final standard in 40 CFR part 63, 
appendix A. Due to unresolved technical issues with the method 
affecting engine test results, EPA found it appropriate to propose to 
remove the method from 40 CFR part 63, subpart ZZZZ. As discussed in 
greater detail in section V.D., after EPA proposed to remove Method 323 
as a compliance test Method, the Agency received test data comparing 
Method 323 to EPA Method 320. The results of this comparison testing 
showed good agreement between the two methods and there was no evidence 
of bias in the results from Method 323. Therefore, EPA has determined 
that it is appropriate to promulgate Method 323 and to allow it as an 
option for measuring formaldehyde in 40 CFR part 63, subpart ZZZZ.

F. Other

    EPA is making several minor clarifications to this final rule to 
address comments that the provisions were confusing and difficult for 
affected sources to understand. One clarification is to individually 
list out the engines discussed in 40 CFR 63.6590(b)(3) and (c) instead 
of having them in a single paragraph. The definition of emergency 
stationary RICE and the provisions for emergency stationary RICE in 40 
CFR 63.6640(f) have been reorganized in order to provide more clarity 
regarding those provisions and to more clearly specify that all 
emergency stationary RICE must comply with the requirements specified 
in 40 CFR 63.6640(f) in order to be considered emergency stationary 
RICE. If the engine does not comply with the requirements specified in 
40 CFR 63.6640(f), then it is not considered to be an emergency 
stationary RICE. Minor clarifications have also been made to the tables 
to provide additional clarification on the applicability of the 
requirements in the tables.

V. Summary of Responses to Major Comments

A. Applicability

    Comment: Numerous commenters expressed concern over EPA's decision 
to not distinguish between rural and urban engines at area sources in 
the proposed rule. Several commenters requested that EPA reevaluate its 
congressional authority to regulate area HAP sources in rural areas. 
The commenters believed that the proposal is inconsistent with 42 
U.S.C. 7412(n)(4)(B) [CAA section 112(n)(4)(B)]. Commenters requested 
clarification of EPA's rationale to regulate low levels of emissions 
from engines at oil and gas production facilities outside metropolitan 
areas, contending that EPA has applied this rule more broadly than the 
Congressional intent of the CAA, and requested that EPA reevaluate this 
issue of whether EPA can regulate rural area sources in light of the 42 
U.S.C. 7412(n)(4)(B) language.
    Commenters stated that EPA has based this rulemaking for area 
sources on sections of the CAA and its Urban Air Toxics Strategy that 
are intended to remove threats to public health in urban areas. The 
commenters do not believe that the remote RICE at area sources in the 
oil and gas industry threaten public health in urban areas. Several 
commenters noted that the NESHAP for glycol gas dehydrators (40 CFR 
part 63, subpart HH) takes into account the location of area sources 
and does not apply the specific requirements of the rule to rural area 
sources. The commenters believe that the same approach should be used 
for the RICE rule, i.e., engines that are not located in or near 
populated areas should be subject to an alternative set of requirements 
so as not to force expensive requirements on remote engines that have 
no impact on public health.
    Response: EPA is finalizing its proposal to regulate existing 
stationary SI engines located at area sources on a nationwide basis. 
EPA believes that the CAA provides the Agency with the authority to 
regulate area sources nationwide. Section 112(k)(1) of the CAA states 
that ``It is the purpose of this subsection to achieve a substantial 
reduction in emissions of hazardous air pollutants from area sources 
and an equivalent reduction in the public health risks associated with 
such sources including a reduction of not less than 75 per centum in 
the incidence of cancer attributable to emissions from such sources.'' 
Consistent with this expressed purpose of section 112(k) of

[[Page 51578]]

the CAA to reduce both emissions and risks, CAA section 112(k)(3)(i) 
requires that EPA list not less than 30 HAP that, as a result of 
emissions from area sources, present the greatest threat to public 
health in the largest number of urban areas. Sections 112(c)(3) and 
(k)(3)(ii) of the CAA require that EPA list area source categories that 
represent not less than 90 percent of the area source emissions of each 
of the listed HAP. Section 112(c) of the CAA requires that EPA issue 
standards for listed categories under CAA section 112(d). These 
relevant statutory provisions authorize EPA to regulate listed area 
source engines and not just engines located in urban areas. EPA 
believes that sections 112(c) and 112(k) of the CAA do not prohibit 
issuing area source rules of national applicability. EPA also disagrees 
with the statement that the proposal was inconsistent with section 
112(n)(4)(B) of the CAA. The term ``associated equipment'' was defined 
for the purposes of 40 CFR part 63, subpart ZZZZ in the first RICE MACT 
rule not to include stationary RICE. EPA has not revisited that issue 
in this final rule and the commenters have not provided sufficient 
reason to revisit that issue.
    EPA has taken steps in the final rule that reduce the burden on 
owners and operators of engines regulated in this final rule. EPA has 
established management practice standards for most of the engines 
located at area sources of HAP. The only existing stationary SI RICE at 
area sources that are required to meet numeric emission limitations are 
4SLB and 4SRB non-emergency stationary SI RICE that are greater than 
500 HP and operate more than 24 hours per calendar year; these engines 
are estimated to be only 7 percent of the population of existing SI 
RICE at area sources. EPA believes that requiring management practices 
instead of specific emission limitations and/or control efficiency 
requirements on the vast majority of existing stationary SI engines at 
area sources alleviates concerns regarding costly and burdensome 
requirements for rural sources.
    EPA has also determined that existing emergency engines located at 
residential, institutional, and commercial facilities that are area 
sources of HAP emissions were not included in the original Urban Air 
Toxics Strategy inventory and therefore are not included in the source 
category listing. In this final rule, EPA has specified that those 
engines are not subject to 40 CFR part 63, subpart ZZZZ. EPA has 
clarified the definitions of these existing emergency engines in this 
final rule. As further clarification, EPA notes that existing emergency 
engines located at, among other things, industrial facilities, would 
not be affected by this determination and are subject to 40 CFR part 
63, subpart ZZZZ.
    For existing stationary 4SLB and 4SRB non-emergency SI engines 
greater than 500 HP located at area sources that operate more than 24 
hours per calendar year, EPA determined that the appropriate standards 
are numerical standards that provide for the use of oxidation catalyst 
or NSCR control, respectively, which are generally available control 
technologies for those subcategories. The commenters did not provide a 
reason that GACT would be different for non-emergency stationary SI 
engines located in rural areas. In determining GACT, EPA can consider 
factors such as availability and feasibility of control technologies 
and management practices, as well as costs and economic impacts. These 
factors are not expected to be significantly different for existing 
stationary non-emergency SI engines in urban versus rural areas. For 
example, the availability of oxidation catalysts would be the same for 
urban and rural engines, and if an engine was in a rural location, that 
would not preclude an owner from being able to install aftertreatment 
controls. For this final rule, EPA estimated the capital cost of 
retrofitting an existing stationary 4SLB non-emergency SI engine with 
an oxidation catalyst to be around $9,500 for a 500 HP engine. Annual 
costs of operating and maintaining the control device are estimated to 
be approximately $4,300 per year for the same engine. For a 500 HP 4SRB 
engine, EPA estimated the costs for NSCR are a capital cost of $26,000 
and an annual cost of $8,000. These costs would not be prohibitive for 
any engines in either rural or urban areas and are expected to be the 
same no matter the location. Furthermore, the controls that are 
expected to be used on these engines will have the co-benefit of 
reducing VOC and CO emissions and, for non-emergency 4SRB engines above 
500 HP will have the co-benefit of reducing NOX emissions. 
This final rule is expected to reduce emissions of NOX from 
stationary SI RICE located at area sources by 96,000 tons per year 
(tpy) in the year 2013. Reductions of CO and VOC from stationary SI 
RICE located at area sources are estimated to be 97,000 and 24,000 tpy, 
respectively, in the year 2013. There is also no reason to distinguish 
between the rural and urban area source engines that are subject to 
management practices. There is nothing limiting owners and operators of 
existing stationary SI engines located in rural areas from following 
the management practices specified in this final rule, and the 
management practices required by this final rule are appropriate for 
all engines, whether they are in rural or urban locations.
    Consistent with the proposal and for the reasons discussed, EPA is 
finalizing national requirements for existing stationary SI engines at 
area sources without a distinction between urban and non-urban areas.

B. Emission Standards

    Comment: Multiple commenters were concerned with how EPA set the 
MACT floor for the proposed rule. The commenters believed that the 
emissions data was not adequate to conduct a MACT floor analysis. 
Several commenters said that EPA has not considered variability in 
setting the MACT floor for the proposed rule. A commenter cited the 
recent Brick MACT ruling which indicated that ``floors may legitimately 
account for variability [in the best performing sources that are the 
MACT floor basis] because ``each [source] must meet the [specified] 
standard every day and under all operating conditions.'' The commenters 
stated EPA's data set is not sufficient in covering variability. One 
commenter noted that the Courts have been critical of EPA's process for 
setting minimum allowable emission limits. The commenter stated that 
EPA set the emission limits by averaging the best 12 percent of all 
performance tests for each subcategory, but did not consider 
operational variations of the units. The commenter recommended that EPA 
set emission limits at the emissions level that is actually achieved 
under the worst reasonably foreseeable circumstances for the best 
performing 12 percent of existing sources.
    Response: The CAA requires EPA to set MACT standards based on the 
test data that is available to the Agency and this is what EPA did at 
proposal. EPA recognized that it had limited emissions test data at the 
time it was developing the proposed rule. However, EPA had requested 
additional test data to supplement the emissions database from 
commenters during the development of previous rules for stationary 
engines. In addition, EPA requested additional test data during the 
comment period for the current engine rulemaking. EPA made an 
additional effort post-proposal to reach out to industry and other 
sources in order to supplement the existing emission data set. EPA 
received data for an additional 619 engines during the post-proposal 
period; this data was incorporated into the MACT floor

[[Page 51579]]

analysis for this final rule. EPA also identified additional emissions 
data for stationary 4SLB SI RICE that was in the docket for the 
original RICE NESHAP rulemaking, docket EPA-HQ-OAR-2002-0059. These 
data were inadvertently omitted from the MACT floor analysis for the 
proposed rule, but have been incorporated into the analysis for the 
final rule, along with the additional emissions data received post-
proposal. EPA placed all additional data into the docket for this rule. 
Stakeholders who believe that further review of this information is in 
order or necessary can petition for reconsideration of this final rule.
    The U.S. Court of Appeals for the D.C. Circuit has recognized that 
EPA may consider variability in estimating the degree of emission 
reduction achieved by best-performing sources and in setting MACT 
floors. See Mossville Envt'l Action Now v. EPA, 370 F.3d 1232, 1241-42 
(D.C. Cir 2004). EPA has included a revised approach to variability in 
the MACT floor analysis for this final rule. The final emission 
standards are based on test data collected from stationary engines 
produced by different engine manufacturers, operating at various loads 
and other conditions, and located in various types of service and 
locations. The engines range in size from 39 HP to 12,000 HP. The data 
includes engines operating at loads from 11 to 100 percent. To the 
extent commenters believed further data would have been beneficial to 
EPA, EPA must make its determinations based on the information 
available to us. EPA asked for further data, and EPA did receive 
further data following the proposal, which led to changes in the final 
regulations. For engines operating at reduced speed or loads resulting 
in a reduced exhaust temperature, EPA believes that numerical emission 
requirements are still appropriate and there is no justification to 
only require work practice standards during these situations. EPA does 
not believe that the provisions of section 112(h) of the CAA are met 
(except as discussed elsewhere with regard to periods of start-up, 
emergency engines, and engines below 100 HP) because testing is not 
economically and technologically impractical and the emissions can be 
readily routed through a conveyance for purposes of emission testing. 
EPA believes that the final emission standards will reflect the 
numerous engine models and operating scenarios that can be expected 
from stationary engines.
    In order to determine the MACT floor for each subcategory, EPA 
ranked all of the sources for which it had data based on their 
emissions and identified the lowest emitting 12 percent of the sources 
based on the lowest test for each engine. EPA used all of the emissions 
data for those best performing engines to determine the emission limits 
for this final rule, accounting for variability. EPA notes that as a 
result of using emissions testing data directly to determine the MACT, 
rather than using the Population Database, the final MACT floor for 
4SLB engines was calculated using data from engines with emissions 
aftertreatment, which were the best performing 12% of engines in the 
emissions database.
    EPA assessed the variability of the best performers by using a 
statistical formula designed to estimate a MACT floor level that is 
achieved by the average of the best performing sources if the best 
performing sources were able to replicate the compliance tests in our 
data set. Specifically, the MACT floor limit is an upper prediction 
limit (UPL) calculated with the Student's t-test using the TINV 
function in Microsoft Excel. The Student's t-test has also been used in 
other EPA rulemakings (e.g., New Source Performance Standards for 
Hospital/Medical/Infectious Waste Incinerators, Proposed NESHAP for 
Industrial, Commercial, and Institutional Boilers and Process Heaters) 
in accounting for variability. A prediction interval for a future 
observation is an interval that will, with a specified degree of 
confidence, contain the next (or some other pre-specified) randomly 
selected observation from a population. In other words, the prediction 
interval estimates what future values will be, based upon present or 
past background samples taken. Given this definition, the UPL 
represents the value which EPA can expect the mean of 3 future 
observations (3-run average) to fall below, based upon the results of 
an independent sample from the same population. In other words, if EPA 
were to randomly select a future test condition from any of these 
sources (i.e., average of 3 runs), EPA can be 99 percent confident that 
the reported level will fall at or below the UPL value. To calculate 
the UPL, EPA used the average (or sample mean) and sample standard 
deviation, which are two statistical measures calculated from the 
sample data. The average is the central value of a data set, and the 
standard deviation is the common measure of the dispersion of the data 
set around the average. This approach reasonably ensures that the 
emission limit selected as the MACT floor adequately represents the 
level of emissions actually achieved by the average of the units in the 
top 12 percent, considering ordinary operational variability of those 
units. Both the analysis of the measured emissions from units 
representative of the top 12 percent, and the variability analysis, are 
reasonably designed to provide a meaningful estimate of the average 
performance, or central tendency, of the best controlled 12 percent of 
units in a given subcategory.
    Comment: Commenters stated that EPA should reevaluate its GACT 
determinations for engines located at area sources. Commenters stated 
that EPA is not required to consider the MACT floor as a minimum 
standard for area sources, but may instead elect to promulgate 
standards or requirements for area sources which provide for the use of 
GACT or management practices by such sources to reduce emissions of 
HAP. The commenters stated that EPA must consider not only the economic 
impacts and whether the methods, practices, and techniques are 
commercially available and appropriate for application by the sources 
in the category, but also the technical capabilities of the firms to 
operate and maintain the emissions controls systems. The commenters 
pointed out that unlike engines located at major sources, which are 
often large industrial facilities, many engines at area sources are 
owned and operated by small businesses with little or no experience 
dealing with complex regulatory issues and with minimal technical and 
financial resources. Commenters said that EPA's GACT determination for 
engines located at area sources does not adequately account for the 
variation in engines that would be covered under the proposed control 
requirements when applied to area sources. The commenters listed 
several factors (engine size, cost effectiveness of control devices, 
engine usage and duty cycles, engine location) that must be considered 
in assessing whether and to what degree existing engines at area 
sources should be regulated. Commenters recommended defining a size 
based subcategory for area sources for natural gas-fired 4SRB engines 
similar to the size threshold used for CI engines. The commenters 
recommended that the subcategory or subcategories would require GACT 
management practices rather than emission standards based on catalytic 
control. At a minimum, the commenters recommended that subcategories be 
included in the proposed rule for rural area source natural gas-fired 
4SRB engines from 50 HP to 500 HP.

[[Page 51580]]

    Response: EPA has reviewed its proposed requirements for existing 
SI engines at area sources based on comments received on the proposed 
rule. For existing non-emergency 4SRB and 4SLB stationary SI RICE 
greater than 500 HP at area sources that operate more than 24 hours per 
calendar year, EPA determined for the final rule that it is appropriate 
to set numerical emission limits that EPA expects would be met using 
emission control technologies. The costs and economic impacts are 
reasonable and the control technologies that would be expected to be 
used are generally available for these area source engines.
    For the remaining existing stationary SI RICE at area sources, the 
final rule requires management practices. EPA received comments and 
supporting information indicating that EPA had underestimated the cost 
of emission controls and overestimated how many engines were already 
using these controls. EPA reevaluated the cost impacts associated with 
establishing numeric emission limitations for these engines and 
determined that the cost impacts would be unreasonable given the 
expected emission impacts both with and without the expectation of use 
of emission control technologies. For example, for 4SRB engines, the 
annual cost per ton of HAP reduced, assuming the engine will have to 
install emission controls to meet the emission limit, is estimated to 
be $762,000 for a 50 HP engine and $167,000 for a 250 HP engine. For 
2SLB and 4SLB engines at 250 HP, the annual cost per ton of HAP reduced 
is estimated to be $224,000 and $55,000, respectively, assuming the 
engines will have to install emission controls to meet the emission 
limit. Engine owners/operators have indicated that most of these 
smaller area source engines are not equipped with the control 
technologies required to meet these limits. Based on this information, 
EPA determined that management practices for these stationary SI RICE 
located at area sources of HAP are generally available and cost 
effective and is promulgating management practices for these engines in 
the final rule. Additional information regarding this determination can 
be found in the memorandum titled, ``MACT Floor and MACT Determination 
for Existing Stationary Non-Emergency SI RICE <100 HP and Existing 
Stationary Emergency SI RICE Located at Major Sources and GACT for 
Existing Stationary SI RICE Located at Area Sources,'' which is 
available from the rulemaking docket.

C. Management Practices

    Comment: Several commenters did not agree with the specific 
management practices that EPA proposed in the rule for area sources and 
recommended different maintenance practices. According to the 
commenters, the maintenance frequency in the proposed rule exceeds 
current practices or is not supported in the proposed rule. Several 
commenters agreed that management practices are appropriate for the 
proper operation of the engines and are a reasonable means to reduce 
HAP emissions, however, the commenters did not agree with the specific 
maintenance practices proposed by EPA. Numerous commenters recommended 
that EPA allow owners/operators to follow engine manufacturers' 
recommended practices or the owners/operators own site-specific 
maintenance plan.
    One commenter pointed out that operators have a direct interest in 
maintaining engine oil, hoses, and belts, so the engine runs reliably, 
but the appropriate frequency for these maintenance practices are 
specific to engine design and are not ``one size fits all.'' Commenters 
recommended that EPA revise fixed maintenance (one-size-fits-all) 
requirements to maintenance plans. The commenters stated that, while 
fixed maintenance intervals work well for new mass produced engines 
similar to those in automobiles, they are inappropriate for the wide 
variety of existing engines used in the oil and gas, agriculture, and 
power generation industries across the nation. The commenters pointed 
out that EPA allows the use of operator-defined maintenance plans that 
are ``consistent with good air pollution control practice for 
minimizing emissions'' to be used in other portions of this same rule, 
and asserted that EPA should allow the use of operator-defined 
maintenance plans to greatly reduce cost and allow operators to 
optimize maintenance for each type of engine.
    Commenters said that if EPA keeps the management practices as 
proposed, the frequencies associated with conducting engine maintenance 
should be revised to be commensurate with today's practices. The 
commenters believed the maintenance practices, as proposed, are 
significantly burdensome and lack basis. According to the commenters, 
EPA should replace the maintenance hour intervals with company 
recommended performance-based maintenance practices to be documented in 
an operator-defined maintenance plan consistent with requirements in 40 
CFR part 60, subpart JJJJ.
    One commenter stated that most of the engine manufacturers for the 
engines in the oil and gas industry recommend oil changes on a monthly 
schedule. The commenter also indicated that it is common practice to 
periodically sample and test the engine oil to see if the oil 
properties are sufficient to extend this time period between oil 
changes. According to the commenter, this testing has shown in many 
cases that the oil change interval can be extended without any 
detrimental effects on the engine, which allows industry to maximize 
efficiencies, minimize oil usage, reduce waste, and streamline 
operations with no negative impacts to the engine or emissions.
    One commenter expressed that inspection of hoses and belts has no 
impact on HAP emissions. The commenter expressed that, generally, it 
agreed that performing maintenance on engines will help to reduce HAP 
emissions, but that while inspecting belts and hoses is an important 
part of general engine maintenance (and most sources likely conduct 
regular inspections of their engines), such inspections have no effect 
on emissions and should not be included in the final rule.
    Response: EPA proposed to require specific management practices for 
certain engines, primarily for smaller existing stationary engines at 
area sources where EPA determined that add-on controls were not GACT. 
EPA indicated at proposal that the management practices specified in 
the proposal reflected GACT and that such practices would provide a 
reasonable level of control, while at the same time ensuring that the 
burden on particularly small businesses and individual owners and 
operators would be minimized. EPA asked for comment on the proposed 
management practices and received comments on the proposal from 
industry.
    EPA agrees with the commenters that it is difficult to adopt a set 
of management practices that are appropriate for all types of 
stationary engines. Regardless, EPA must promulgate emission standards 
pursuant to section 112(d)(5) of the CAA for all engines at area 
sources covered by this final rule. EPA still believes that management 
practices reflect GACT for emergency engines, engines less than or 
equal to 500 HP, 2SLB engines, and landfill/digester gas engines at 
area sources. These management practices represent what is generally 
available among such engines to reduce HAP, and

[[Page 51581]]

the practices will ensure that emissions are minimized and engines are 
properly operated. EPA does not agree with the commenters that it would 
be appropriate to simply specify that owners and operators follow the 
manufacturer's recommended maintenance practices for the engine. EPA 
cannot delegate to manufacturers the final decision regarding the 
proper management practices required by section 112(d) of the CAA. To 
address the comments that there may be special and unique operating 
situations where the management practices in this final rule may not be 
appropriate, for example engines using a synthetic lubricant, EPA notes 
that owners/operators may work with State permitting authorities 
pursuant to 40 CFR subpart E (``Approval of State Programs and 
Delegation of Federal Authorities'') for approval of alternative 
management practices for their engines. 40 CFR subpart E implements 
section 112(l) of the CAA, which authorizes EPA to approve alternative 
State/local/tribal HAP standards or programs when such requirements are 
demonstrated to be no less stringent than EPA promulgated standards.
    The management practices EPA proposed for stationary SI engines 
greater than 50 HP included changing the oil and filter every 500 
hours, replacing the spark plugs every 1,000 hours, and inspecting all 
hoses and belts every 500 hours and replacing as necessary. For engines 
less than 50 HP, EPA proposed to require that these engines change the 
oil and filter every 200 hours, replace spark plugs every 500 hours, 
and inspect all hoses and belts every 500 hours and replace as 
necessary.
    EPA agrees that there is a wide range of recommended maintenance 
procedures, but EPA must promulgate specific requirements pursuant to 
section 112(d) of the CAA for this source category. Based on the 
different suggested maintenance recommendations EPA has reviewed, 
maintenance requirements appear to vary depending on whether the engine 
is used for standby, intermittent, or continuous operation. Maintenance 
is also dependent on the engine application, design, and model.
    Taking into consideration the information received from commenters 
on the proposed maintenance practices for oil and filter changes and 
carefully reviewing engine manufacturer recommended maintenance 
procedures, EPA has determined that for stationary non-emergency 4SLB 
and 4SRB SI RICE at or below 500 HP and stationary non-emergency 
landfill/digester gas SI RICE, GACT will require the management 
practices to be performed every 1,440 hours of engine operation or 
annually, whichever comes first, which, as indicated in the comments, 
reflects the management practices that are generally available. For 
stationary non-emergency 2SLB SI RICE, GACT will require the management 
practices to be performed every 4,320 hours of engine operation or 
annually, whichever comes first. Two stroke lean burn engines have a 
longer maintenance interval than 4-stroke engines because they do not 
have combustion blow-by gases entering the crankcase due to the engine 
configuration and therefore do not have as much oil contamination from 
the combustion blow-by gases. The 2SLB engines also operate at lower 
speeds and temperatures than 4-stroke engines; consequently the spark 
plug does not fire as frequently and fires at lower temperatures than 
4-stroke engines. For these reasons, EPA agrees that 2SLB engines 
should have longer maintenance practice intervals than 4-stroke 
engines. EPA also determined that it would be appropriate to include 
the option to use an oil analysis program in this final rule.
    EPA does not agree with the comments that EPA's proposed 
requirement to inspect belts and hoses has no impact on emissions. 
Ensuring that the engine is properly operated and maintained will help 
minimize the HAP emissions from the engine. Properly maintained belts 
and hoses allow the engine to operate at maximum efficiency. Hoses are 
generally used to move coolant through the engine to prevent the engine 
from overheating. Overheating of the engine can cause a malfunction in 
the combustion process, and may also burn the engine oil in the 
combustion chamber. Both of these conditions may increase pollutant 
emissions from the engine. Belts are commonly used for electrical 
generation and engine timing, and if worn or broken can cause damage to 
the engine and increase emissions. Therefore, EPA has required 
management practices that reflect GACT and that, in EPA's view, will 
ensure the proper operation and maintenance of the engine.

D. Method 323

    Comment: Many commenters thought that EPA should reconsider whether 
EPA Method 323 could be included in this final rule or if there is 
another viable alternative to EPA Method 320. EPA Method 323 was 
published in the Federal Register on January 14, 2003, as a proposed 
test method to measuring formaldehyde from natural gas stationary 
combustion sources, but the method was never finalized. However, the 
commenters said that the method has been used on a consistent basis to 
measure formaldehyde from gas engines for compliance and other 
purposes. EPA Region 8 has test results that indicate potential issues 
related to the reliability of EPA Method 323 and the method was 
therefore not included in the proposed rule. The commenters said that 
they believe that testing errors may have been a factor in the 
anomalous results from EPA Region 8. The commenters have reviewed some 
of the test reports in question and noted potential calculation or 
testing errors. The Fourier Transform Infrared method, which is the 
single formaldehyde test method in the proposal, compared to Method 323 
is more complex and often more expensive, according to the commenters. 
In addition, several commenters have concerns about whether there will 
be a sufficient amount of available testing companies to meet the 
performance testing demands of this final rule. For these reasons, 
several of the commenters said that EPA should look back at Method 323 
as a viable method and at the same time consider other alternatives for 
measuring formaldehyde.
    Response: EPA Method 323 was first proposed as part of the NESHAP 
for Stationary Combustion Turbines published January 14, 2003, (68 FR 
1888) for measuring formaldehyde emissions from natural gas-fired 
sources. However, the method was not included in the final Stationary 
Combustion Turbine NESHAP due to reliability concerns and EPA never 
promulgated EPA Method 323 as a final standard in 40 CFR part 63, 
appendix A. Despite this, many sources chose to use the method for 
compliance testing and as EPA reviewed the results from the method two 
issues emerged. A few testers seemed to produce results with the method 
that were consistently biased low, and occasionally testers were unable 
to meet the performance requirement for collecting duplicate samples 
whose results agreed within  20 percent. Because EPA was 
unable to resolve these technical issues with the method, EPA found it 
appropriate to propose to remove the method from 40 CFR part 63, 
subpart ZZZZ.
    After EPA proposed to remove Method 323 as a compliance test 
method, the Agency received test data comparing Method 323 to EPA 
Method 320. These comparison tests were run on five different engines 
with samples collected concurrently from co-located sampling systems. 
The results from the two methods showed good agreement and there was no 
evidence of bias in the

[[Page 51582]]

results from Method 323. Also, during the comparison testing, there 
were no problems meeting the quality assurance requirement in Method 
323 for agreement between duplicate samples. A careful review of the 
earlier data where some testers using Method 323 were consistently 
producing biased results showed that these testers did not always 
perform the method correctly. Based on the results of the comparison 
testing, EPA believes that when competent testers perform Method 323 
according to all of its requirements, the method will produce accurate 
and consistent results and it is appropriate to allow sources the 
option to use Method 323 to demonstrate compliance with the 
formaldehyde emission limits in 40 CFR part 63 subpart ZZZZ. Therefore, 
we are adding Method 323 to Appendix A of Part 63 as part of this 
action.

E. Other

    Comment: One commenter indicated that they had provided significant 
comments in February 2009 on EPA's Continuous Parameter Monitoring 
Systems proposal (73 FR 59956, October 9, 2008) and believes that 
extensive revisions are needed of Performance Specifications 17 and 4. 
The commenter asked that EPA review these procedures to determine their 
appropriateness for even larger engines and suggested that EPA remove 
the reference to 40 CFR 63.8(a)(2) from Table 8 of the proposed rule, 
i.e., change ``Yes'' to ``No'' for this paragraph.
    Response: EPA does not agree with the commenter that the reference 
to 40 CFR 63.8(a)(2) in Table 8 of the rule should be ``no''. The 
commenter did not provide any information to support the claim that the 
Performance Specifications and 40 CFR 63.8(a)(2) are not appropriate 
for stationary engines. In response to this comment, EPA reviewed the 
proposed Performance Specifications and determined that they are 
appropriate for stationary engines, including stationary SI engines. In 
order to clearly indicate the requirements from the Performance 
Specifications that should be followed for the stationary engines 
subject to this rulemaking, EPA has included the Performance 
Specification requirements in 40 CFR part 63 subpart ZZZZ.

VI. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    This final rule is expected to reduce total HAP emissions from 
stationary RICE by 6,000 tpy beginning in the year 2013, which is the 
first year this final rule will be implemented. EPA estimates that 
approximately 330,000 stationary SI engines will be subject to this 
final rule. These estimates include stationary engines located at major 
and area sources; however, not all stationary engines are subject to 
numerical emission standards. Further information regarding the 
estimated reductions of this final rule can be found in the memorandum 
titled, ``Impacts Associated with NESHAP for Existing Stationary SI 
RICE,'' which is available in the docket.
    In addition to HAP emissions reductions, this final rule will 
reduce other pollutants such as CO, NOX, and VOC. This final 
rule is expected to reduce emissions of CO by 109,000 tpy in the year 
2013. Reductions of NOX are estimated at 96,000 tpy in the 
year 2013. Emissions of VOC are estimated to be reduced by 31,000 tpy 
in the year 2013.

B. What are the cost impacts?

    The total national capital cost for this final rule for existing 
stationary RICE is estimated to be $383 million, with a total national 
annual cost of $253 million in year 2013 (the first year this final 
rule is implemented). Further information regarding the estimated cost 
impacts of this final rule can be found in the memorandum titled, 
``Impacts Associated with NESHAP for Existing Stationary SI RICE,'' 
which is available in the docket.

C. What are the benefits?

    We estimate the monetized co-benefits of the final SI RICE NESHAP 
for major and area sources to be $510 million to $1.2 billion (2009$, 3 
percent discount rate) in the implementation year (2013). The monetized 
co-benefits of the regulatory action at a 7 percent discount rate are 
$460 million to $1.1 billion (2009$). Using alternate relationships 
between PM2.5 and premature mortality supplied by experts, 
higher and lower co-benefits estimates are plausible, but most of the 
expert-based estimates fall between these two estimates.\1\ A summary 
of the monetized co-benefits estimates at discount rates of 3 percent 
and 7 percent is presented in Table 3 of this preamble.
---------------------------------------------------------------------------

    \1\ Roman et al., 2008. Expert Judgment Assessment of the 
Mortality Impact of Changes in Ambient Fine Particulate Matter in 
the U.S. Environ. Sci. Technol., 42, 7, 2268-2274.

          Table 3--Summary of the Monetized Co-Benefits Estimates for the Final RICE SI NESHAP in 2013
                                              [Millions of 2009$] 1
----------------------------------------------------------------------------------------------------------------
                                       Estimated
                                        emission       Total monetized co-benefits   Total monetized co-benefits
         PM2.5 precursors           reductions (tons       (3% discount rate)            (7% discount rate)
                                       per year)
----------------------------------------------------------------------------------------------------------------
Major Sources:
    VOC..........................              6,730  $8.2 to $20.................  $7.4 to $18.
Area Sources:
    VOC..........................             24,177   $29 to $72.................   $27 to $65.
    NOX..........................             96,479  $470 to $1,100..............  $420 to $1,000.
                                  ------------------------------------------------------------------------------
        Total for Area Sources...  .................  $500 to $1,200..............  $450 to $1,100.
                                  ==============================================================================
        Combined Total for Major   .................  $510 to $1,200..............  $460 to $1,100.
         and Area Sources.
----------------------------------------------------------------------------------------------------------------
\1\ All estimates are for the implementation year (2013), and are rounded to two significant figures so numbers
  may not sum across rows. All fine particles are assumed to have equivalent health effects, but the benefit-per-
  ton estimates vary between precursors because each ton of precursor reduced has a different propensity to form
  PM2.5. Benefits from reducing CO and HAP are not included. All of the benefits for area sources are
  attributable to reductions expected from 4SLB and 4SRB non-emergency engines above 500 HP.


[[Page 51583]]

    These co-benefits estimates represent the total monetized human 
health benefits for populations exposed to less PM2.5 in 
2013 from controls installed to reduce air pollutants in order to meet 
these multiple standards. These co-estimates are calculated as the sum 
of the monetized value of avoided premature mortality and morbidity 
associated with reducing a ton of PM2.5 precursor emissions. 
To estimate the human health benefits derived from reducing 
PM2.5 precursor emissions, we utilized the general approach 
and methodology laid out in Fann, Fulcher, and Hubbell (2009).\2\
---------------------------------------------------------------------------

    \2\ Fann, N., C.M. Fulcher, B.J. Hubbell. 2009. ``The influence 
of location, source, and emissions type in estimates of the human 
health benefits of reducing a ton of air pollution.'' Air Qual Atmos 
Health (2009) 2:169-176.
---------------------------------------------------------------------------

    To generate the benefit-per-ton estimates, we used a model to 
convert emissions of direct PM2.5 and PM2.5 
precursors into changes in ambient PM2.5 levels and another 
model to estimate the changes in human health associated with that 
change in air quality. Finally, the monetized health co-benefits were 
divided by the emissions reductions to create the benefit-per-ton 
estimates. These models assume that all fine particles, regardless of 
their chemical composition, are equally potent in causing premature 
mortality because there is no clear scientific evidence that would 
support the development of differential effects estimates by particle 
type. NOX and VOCs are the primary PM2.5 
precursors affected by this rule. Even though we assume that all fine 
particles have equivalent health effects, the benefit-per-ton estimates 
vary between precursors because each ton of precursor reduced has a 
different propensity to form PM2.5. For example, 
NOX has a lower benefit-per-ton estimate than direct 
PM2.5 because it does not form as much PM2.5, 
thus the exposure would be lower, and the monetized health co-benefits 
would be lower.
    For context, it is important to note that the magnitude of the PM 
co-benefits is largely driven by the concentration response function 
for premature mortality. Experts have advised EPA to consider a variety 
of assumptions, including estimates based both on empirical 
(epidemiological) studies and judgments elicited from scientific 
experts, to characterize the uncertainty in the relationship between 
PM2.5 concentrations and premature mortality. For this 
rulemaking we cite two key empirical studies, one based on the American 
Cancer Society cohort study \3\ and the extended Six Cities cohort 
study.\4\ In the RIA for this rulemaking, which is available in the 
docket, we also include co-benefits estimates derived from expert 
judgments and other assumptions.
---------------------------------------------------------------------------

    \3\ Pope et al., 2002. ``Lung Cancer, Cardiopulmonary Mortality, 
and Long-term Exposure to Fine Particulate Air Pollution.'' Journal 
of the American Medical Association 287:1132-1141.
    \4\ Laden et al., 2006. ``Reduction in Fine Particulate Air 
Pollution and Mortality.'' American Journal of Respiratory and 
Critical Care Medicine. 173: 667-672.
---------------------------------------------------------------------------

    EPA strives to use the best available science to support our 
benefits analyses. We recognize that interpretation of the science 
regarding air pollution and health is dynamic and evolving. After 
reviewing the scientific literature and recent scientific advice, we 
have determined that the no-threshold model is the most appropriate 
model for assessing the mortality benefits associated with reducing 
PM2.5 exposure. Consistent with this recent advice, we are 
replacing the previous threshold sensitivity analysis with a new 
``Lowest Measured Level'' (LML) assessment. While an LML assessment 
provides some insight into the level of uncertainty in the estimated PM 
mortality benefits, EPA does not view the LML as a threshold and 
continues to quantify PM-related mortality impacts using a full range 
of modeled air quality concentrations.
    Most of the estimated PM-related benefits in this rulemaking would 
accrue to populations exposed to higher levels of PM2.5. 
Using the Pope et al. (2002) study, the 85 percent of the population is 
exposed at or above the LML of 7.5 [micro]g/m\3\. Using the Laden et 
al. (2006) study, 40 percent of the population is exposed above the LML 
of 10 [micro]g/m\3\. It is important to emphasize that we have high 
confidence in PM2.5-related effects down to the lowest LML 
of the major cohort studies. This fact is important, because as we 
estimate PM-related mortality among populations exposed to levels of 
PM2.5 that are successively lower, our confidence in the 
results diminishes. However, our analysis shows that the great majority 
of the impacts occur at higher exposures.
    This analysis does not include the type of detailed uncertainty 
assessment found in the 2006 PM2.5 National Ambient Air 
Quality Standard (NAAQS) RIA because we lack the necessary air quality 
input and monitoring data to run the benefits model. However, the 2006 
PM2.5 NAAQS benefits analysis \5\ provides an indication of 
the sensitivity of our results to various assumptions.
---------------------------------------------------------------------------

    \5\ U.S. Environmental Protection Agency, 2006. Final Regulatory 
Impact Analysis: PM2.5 NAAQS. Prepared by Office of Air 
and Radiation. October. Available on the Internet at http://www.epa.gov/ttn/ecas/ria.html.
---------------------------------------------------------------------------

    It should be emphasized that the monetized co-benefits estimates 
provided above do not include benefits from several important benefit 
categories, including reducing other air pollutants, ecosystem effects, 
and visibility impairment. The benefits from reducing CO and HAP have 
not been monetized in this analysis, including reducing 109,000 tons of 
CO and 6,000 tons of HAP each year. Although we do not have sufficient 
information or modeling available to provide monetized estimates for 
this rulemaking, we include a qualitative assessment of these other 
effects in the RIA for this rulemaking, which is available in the 
docket.
    The combined social costs of this rulemaking are estimated to be 
$253 million (2009$) in the implementation year. The combined monetized 
co-benefits are $510 million to $1.2 billion (2009$, 3 percent discount 
rate) and $460 million to $1.1 billion (2009$, 7 percent discount rate) 
for 2013. Thus, net benefits of this rulemaking are estimated at $250 
million to $980 million (2009$, 3 percent discount rate) and $210 
million to $860 million (2009$, 7 percent discount rate). EPA believes 
that the benefits of the rulemaking are likely to exceed the costs even 
when taking into account the uncertainties in the cost and benefit 
estimates.

D. What are the economic impacts?

    The economic impact analysis (EIA) that is included in the RIA 
indicates that prices of affected output from the affected industries 
will increase as a result of the rule, but the changes will be small. 
The largest impacts are on the electric power generating industry 
because it bears more costs from the rule than any other affected 
industry (slightly more than 50 percent of the total annualized costs). 
For all affected industries, annualized compliance costs are 0.5 
percent or less, on average, of sales for firms.
    Based on the estimated compliance costs associated with this rule 
and the predicted changes in prices and output in affected markets, the 
estimated social costs are $253 million (2009$), which is the same as 
the estimated compliance costs.
    For more information on the economic impacts, please refer to the 
RIA for this rulemaking, which is available in the docket.

[[Page 51584]]

E. What are the non-air health, environmental and energy impacts?

    EPA does not anticipate any significant non-air health, 
environmental or energy impacts as a result of this final rule.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is an ``economically significant 
regulatory action'' because it is likely to have an annual effect on 
the economy of $100 million or more. Accordingly, EPA submitted this 
action to the Office of Management and Budget (OMB) for review under 
Executive Order 12866 and any changes made in response to OMB 
recommendations have been documented in the docket for this action. In 
addition, EPA prepared a RIA of the potential costs and benefits 
associated with this action.
    When estimating the PM2.5-related human health benefits 
and compliance costs in Table 4 below, EPA applied methods and 
assumptions consistent with the state-of-the-science for human health 
impact assessment, economics and air quality analysis. EPA applied its 
best professional judgment in performing this analysis and believes 
that these estimates provide a reasonable indication of the expected 
benefits and costs to the nation of this rulemaking. The RIA available 
in the docket describes in detail the empirical basis for EPA's 
assumptions and characterizes the various sources of uncertainties 
affecting the estimates below.
    When characterizing uncertainty in the PM-mortality relationship, 
EPA has historically presented a sensitivity analysis applying 
alternate assumed thresholds in the PM concentration-response 
relationship. In its synthesis of the current state of the PM science, 
EPA's 2009 Integrated Science Assessment for Particulate Matter 
concluded that a no-threshold log-linear model most adequately portrays 
the PM-mortality concentration-response relationship. In the RIA 
accompanying this rulemaking, rather than segmenting out impacts 
predicted to be associated levels above and below a ``bright line'' 
threshold, EPA includes a ``LML'' that illustrates the increasing 
uncertainty that characterizes exposure attributed to levels of 
PM2.5 below the LML for each study. Figures provided in the 
RIA show the distribution of baseline exposure to PM2.5, as 
well as the lowest air quality levels measured in each of the 
epidemiology cohort studies. This information provides a context for 
considering the likely portion of PM-related mortality benefits 
occurring above or below the LML of each study; in general, our 
confidence in the size of the estimated reduction PM2.5-
related premature mortality diminishes as baseline concentrations of 
PM2.5 are lowered. Using the Pope et al. (2002) study, the 
85 percent of the population is exposed to annual mean PM2.5 
levels at or above the LML of 7.5 [micro]g/m\3\. Using the Laden et al. 
(2006) study, 40 percent of the population is exposed above the LML of 
10 [micro]g/m\3\. While the LML analysis provides some insight into the 
level of uncertainty in the estimated PM mortality benefits, EPA does 
not view the LML as a threshold and continues to quantify PM-related 
mortality impacts using a full range of modeled air quality 
concentrations.
    A summary of the monetized benefits, social costs, and net benefits 
for the option, as well as a less stringent option, at discount rates 
of 3 percent and 7 percent is in Table 4 of this preamble.

 Table 4--Summary of the Monetized Benefits, Social Costs, and Net Benefits for the Final SI RICE NESHAP in 2013
                                             [Millions of 2009$] \1\
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                        3% Discount rate
                                                        7% Discount rate
----------------------------------------------------------------------------------------------------------------
                                               Final NESHAP: Major
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\..................       $8.2      to           $20       $7.4      to           $18
----------------------------------------------------------------------------------------------------------------
Total Social Costs \3\........................                $88
                                                              $88
----------------------------------------------------------------------------------------------------------------
Net Benefits..................................       -$80      to          -$68       -$81      to          -$70
----------------------------------------------------------------------------------------------------------------
                                                12,500 tons of CO
                                                1,300 tons of HAP
Non-monetized Benefits........................  Ecosystem effects
                                                Visibility impairment
----------------------------------------------------------------------------------------------------------------
                                              Alternative 2: Major
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\..................        $48      to          $120        $43      to          $110
----------------------------------------------------------------------------------------------------------------
Total Social Costs \3\........................                $95
                                                              $95
----------------------------------------------------------------------------------------------------------------
Net Benefits..................................       -$47      to           $22       -$52      to           $11
----------------------------------------------------------------------------------------------------------------
                                                17,800 tons of CO
                                                1,400 tons of HAP
Non-monetized Benefits........................  Health effects from NO2 and ozone exposure
                                                Ecosystem effects
                                                Visibility impairment
----------------------------------------------------------------------------------------------------------------
                                             Final NESHAP: Area \4\
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\..................       $500      to        $1,200       $450      to        $1,100
----------------------------------------------------------------------------------------------------------------
Total Social Costs \3\........................                $166
                                                              $166
----------------------------------------------------------------------------------------------------------------

[[Page 51585]]

 
                                                        3% Discount rate
                                                        7% Discount rate
----------------------------------------------------------------------------------------------------------------
Net Benefits..................................       $330      to        $1,100       $290      to          $930
----------------------------------------------------------------------------------------------------------------
                                                97,000 tons of CO
                                                4,700 tons of HAP
Non-monetized Benefits........................  Health effects from NO2 and ozone exposure
                                                Ecosystem effects
                                                Visibility impairment
----------------------------------------------------------------------------------------------------------------
                                       Final Major and Area Source NESHAP
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\..................       $510      to        $1,200       $460      to        $1,100
----------------------------------------------------------------------------------------------------------------
Total Social Costs \3\........................                $253
                                                              $253
----------------------------------------------------------------------------------------------------------------
Net Benefits..................................       $250      to          $980       $210      to          $860
----------------------------------------------------------------------------------------------------------------
                                                109,000 tons of CO
                                                6,000 tons of HAP
Non-monetized Benefits........................  Health effects from NO2 and ozone exposure
                                                Ecosystem effects
                                                Visibility impairment
----------------------------------------------------------------------------------------------------------------
\1\ All estimates are for the implementation year (2013), and are rounded to two significant figures.
\2\ The total monetized benefits reflect the human health benefits associated with reducing exposure to PM2.5
  through reductions of PM2.5 precursors such as NOX and VOC. It is important to note that the monetized
  benefits include many but not all health effects associated with PM2.5 exposure. Benefits are shown as a range
  from Pope et al. (2002) to Laden et al. (2006). These models assume that all fine particles, regardless of
  their chemical composition, are equally potent in causing premature mortality because there is no clear
  scientific evidence that would support the development of differential effects estimates by particle type.
\3\ The annual compliance costs serve as a proxy for the annual social costs of this rulemaking given the lack
  of difference between the two.
\4\ All of the benefits for area sources are attributable to reductions expected from 4SLB and 4SRB non-
  emergency engines above 500 HP.

    For more information on the benefits analysis, please refer to the 
RIA for this rulemaking, which is available in the docket.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The information collection requirements are not 
enforceable until OMB approves them.
    The information collection activities in this final rule include 
performance testing for non-emergency stationary SI RICE from 100 to 
500 HP located at major sources of HAP and for non-emergency 4SLB and 
4SRB stationary SI RICE larger than 500 HP located at area sources of 
HAP. The information collection activities also include one-time 
notifications and periodic reports, recording information, monitoring 
and the maintenance of records. The information generated by these 
activities will be used by EPA to ensure that affected facilities 
comply with the emission limits and other requirements. Records and 
reports are necessary to enable EPA or States to identify affected 
facilities that may not be in compliance with the requirements. Based 
on reported information, EPA will decide which units and what records 
or processes should be inspected. These amendments do not require any 
notifications or reports beyond those required by the General 
Provisions. The recordkeeping requirements require only the specific 
information needed to determine compliance. These recordkeeping and 
reporting requirements are specifically authorized by CAA section 114 
(42 U.S.C. 7414). All information submitted to EPA for which a claim of 
confidentiality is made will be safeguarded according to EPA policies 
in 40 CFR part 2, subpart B, Confidentiality of Business Information.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after sources must comply) 
is estimated to be 967,246 labor hours per year at a total annual cost 
of $86 million. This estimate includes notifications of compliance and 
performance tests, engine performance testing, semiannual compliance 
reports, continuous monitoring, and recordkeeping. The total capital 
costs associated with the requirements over the 3-year period of the 
information collection request (ICR) is estimated to be $13.8 million 
per year. There are no additional operation and maintenance costs for 
the requirements over the 3-year period of the ICR. Burden is defined 
at 5 CFR 1320.3(b).
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in this 
final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental

[[Page 51586]]

jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. The 
companies owning facilities with affected RICE can be grouped into 
small and large categories using SBA general size standard definitions. 
Size standards are based on industry classification codes (i.e., North 
American Industrial Classification System, or NAICS) that each company 
uses to identify the industry or industries in which they operate in. 
The SBA defines a small business in terms of the maximum employment, 
annual sales, or annual energy-generating capacity (for electricity 
generating units) of the owning entity. These thresholds vary by 
industry and are evaluated based on the primary industry classification 
of the affected companies. In cases where companies are classified by 
multiple NAICS codes, the most conservative SBA definition (i.e., the 
NAICS code with the highest employee or revenue size standard) was 
used.
    As mentioned earlier in this preamble, facilities across several 
industries use affected SI RICE; therefore, a number of size standards 
are utilized in this analysis. For the 15 industries identified at the 
6-digit NAICS codes represented in this analysis, the employment size 
standard (where it applies) varies from 500 to 1,000 employees. The 
annual sales standard (where it applies) is as low as $0.75 million and 
as high as $33.5 million. In addition, for the electric power 
generation industry, the small business size standard is an ultimate 
parent entity defined as having a total electric output of 4 million 
megawatt-hours in the previous fiscal year. The specific SBA size 
standard is identified for each affected industry within the industry 
profile to support this economic analysis.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities (SISNOSE). 
This certification is based on the economic impact of this final action 
to all affected small entities across all industries affected. We 
estimate that all small entities will have annualized costs of less 
than 1 percent of their sales in all industries except NAICS 2211 
(electric power generation, transmission, and distribution) and NAICS 
111 (Crop and Animal Production). The number of small entities in NAICS 
2211 having annualized costs of greater than 1 percent of their sales 
is less than 5 percent, and the number of small entities in NAICS 111 
and 112 having annualized costs of greater than 1 percent of their 
sales (but less than 2 percent of sales) is 30 percent. We conclude 
that there is no SISNOSE for this final rule.
    For more information on the small entity impacts associated with 
this final rule, please refer to the Economic Impact and Small Business 
Analyses in the public docket. These analyses can be found in the RIA 
for this final rule.
    Although this final rule would not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless tried 
to reduce the impact of this final rule on small entities. When 
developing the standards, EPA took special steps to ensure that the 
burdens imposed on small entities were minimal. EPA conducted several 
meetings with industry trade associations to discuss regulatory options 
and the corresponding burden on industry, such as recordkeeping and 
reporting. In this final rule, we are applying the minimum level of 
control (i.e., the MACT floor) to engines located at major HAP sources 
and the minimum level of testing, monitoring, recordkeeping, and 
reporting to affected RICE sources, both major and area, allowed by the 
CAA. Other alternatives considered that provided more than the minimum 
level of control were deemed as not technically feasible or cost-
effective for EPA to implement as explained earlier in the preamble.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, requires Federal agencies, unless otherwise 
prohibited by law, to assess the effects of their regulatory actions on 
State, local, and tribal governments and the private sector. This final 
rule contains a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. Accordingly, EPA has 
prepared under section 202 of the UMRA a written statement which is 
summarized below.
    As discussed previously in this preamble, the statutory authority 
for this final rule is section 112 of the CAA. Section 112(b) lists the 
189 chemicals, compounds, or groups of chemicals deemed by Congress to 
be HAP. These toxic air pollutants are to be regulated by NESHAP. 
Section 112(d) of the CAA directs us to develop NESHAP based on MACT, 
which require existing and new major sources to control emissions of 
HAP. EPA is required to address HAP emissions from stationary RICE 
located at area sources under section 112(k) of the CAA, based on 
criteria set forth by EPA in the Urban Air Toxics Strategy previously 
discussed in this preamble.
    In compliance with section 205(a), we identified and considered a 
reasonable number of regulatory alternatives. EPA carefully examined 
the regulatory alternatives, and selected the lowest cost/least 
burdensome alternative that EPA deems adequate to achieve the statutory 
requirements of CAA section 112 and effectively reduce emissions of 
HAP.
1. Social Costs and Benefits
    The RIA prepared for this final rule, including the Agency's 
assessment of costs and benefits, is detailed in the ``Regulatory 
Impact Analysis for the Final SI RICE NESHAP'' in the docket. Based on 
estimated compliance costs on all sources associated with this final 
rule and the predicted change in prices and production in the affected 
industries assuming passthrough of costs to affected consumers, the 
estimated social costs of this final rule are $253 million (2009$). It 
is estimated that by 2013, HAP will be reduced by 6,000 tpy due to 
reductions in formaldehyde, acetaldehyde, acrolein, methanol and 
benzene from existing stationary SI RICE. Formaldehyde and acetaldehyde 
have been classified as ``probable human carcinogens.'' Acrolein and 
methanol are not considered carcinogenic, but produce several other 
toxic effects. Benzene is classified as a known carcinogen (Group A). 
This final rule is expected to reduce emissions of CO by about 109,000 
tpy in the year 2013. Reductions of NOX are estimated at 
96,000 tpy in the year 2013. Emissions of VOC are estimated to be 
reduced by 31,000 tpy in the year 2013. Exposure to CO can affect the 
cardiovascular system and the central nervous system.
    The total monetized benefits of this final rule in 2013 range from 
$510 million to $1.2 billion (2009$, 3% discount rate).
2. Future and Disproportionate Costs
    The UMRA requires that we estimate, where accurate estimation is 
reasonably feasible, future compliance costs imposed by this final rule 
and any disproportionate budgetary effects. Our estimates of the future 
compliance costs of this final rule are discussed previously in this 
preamble. We do not believe that there will be any

[[Page 51587]]

disproportionate budgetary effects of this final rule on any particular 
areas of the country, State or local governments, types of communities 
(e.g., urban, rural), or particular industry segments.
3. Effects on the National Economy
    The UMRA requires that we estimate the effect of this final rule on 
the national economy. To the extent feasible, we must estimate the 
effect on productivity, economic growth, full employment, creation of 
productive jobs, and international competitiveness of the U.S. goods 
and services if we determine that accurate estimates are reasonably 
feasible and that such effect is relevant and material. The nationwide 
economic impact of this final rule is presented in the ``Regulatory 
Impact Analysis for the SI RICE NESHAP'' in the docket. This analysis 
provides estimates of the effect of this final rule on most of the 
categories mentioned above. The results of the economic impact analysis 
were summarized previously in this preamble. In addition, we have 
determined that this final rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. 
Therefore, this rule is not subject to the requirements of section 203 
of the UMRA.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This final rule primarily 
affects private industry, and does not impose significant economic 
costs on State or local governments. Thus, Executive Order 13132 does 
not apply to this final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the Order 
has the potential to influence the regulation. This action is not 
subject to Executive Order 13045 because it is based solely on 
technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final rule is not a ``significant energy action'' as defined 
in Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not 
likely to have a significant adverse impact on the supply, 
distribution, or use of energy. EPA has prepared an analysis of energy 
impacts that explains this conclusion as follows below.
    With respect to energy supply and prices, our analysis suggests 
that at the industry level, the annualized costs represent a very small 
fraction of revenue (generally less than 0.5 percent). As a result, we 
can conclude supply and price impacts on affected energy producers and 
consumers should be small.
    To enhance understanding regarding the regulation's influence on 
energy consumption, we examined publicly available data describing 
energy consumption for the electric power sector. The electric power 
sector is expected to incur about half of the $253 million in 
compliance costs associated with this final rule, and is the industry 
expected to incur the greatest share of the costs relative to other 
affected industries. The Annual Energy Outlook 2010 (EIA, 2009) 
provides energy consumption data. Since this final rule primarily 
affects natural gas and gasoline-fired RICE, our analysis focuses on 
impacts of consumption of these fuels. As shown in Table 5 of this 
preamble, the electric power sector accounts for less than 5.1 percent 
of U.S. natural gas consumption. As a result, any energy consumption 
changes attributable to this final rule should not significantly 
influence the supply, distribution, or use of energy nationwide.

       Table 5--U.S. Electric Power \a\ Sector Energy Consumption
                       [(Quadrillion BTUs): 2013]
------------------------------------------------------------------------
                                                               Share of
                                                                total
                                                  Quantity    energy use
                                                              (percent)
------------------------------------------------------------------------
Distillate fuel oil...........................         0.12          0.1
Residual fuel oil.............................         0.34          0.3
Liquid fuels subtotal.........................         0.45          0.5
Natural gas...................................         5.17          5.1
Steam coal....................................        20.69         20.6
Nuclear power.................................         8.59          8.5
Renewable energy \b\..........................         6.06          6.0
Electricity Imports...........................         0.09          0.1
                                               -------------------------
    Total Electric Power Energy Consumption           41.18         40.9
     \c\......................................
                                               -------------------------
    Delivered Energy Use......................        72.41         72.0
    Total Energy Use..........................       100.59        100.0
------------------------------------------------------------------------
\a\ Includes consumption of energy by electricity-only and combined heat
  and power plants whose primary business is to sell electricity, or
  electricity and heat, to the public. Includes small power producers
  and exempt wholesale generators.
\b\ Includes conventional hydroelectric, geothermal, wood and wood
  waste, biogenic municipal solid waste, other biomass, petroleum coke,
  wind, photovoltaic and solar thermal sources. Excludes net electricity
  imports.
\c\ Includes non-biogenic municipal waste not included above.
Source: U.S. Energy Information Administration. 2009. Supplemental
  Tables to the Annual Energy Outlook 2010.


[[Page 51588]]

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    EPA cites technical standard EPA Method 323 of 40 CFR part 63, 
appendix A, in this final rule. Consistent with the NTTAA, EPA 
conducted searches to identify VCS in addition to this EPA method. No 
applicable VCS were identified for EPA Method 323. The search and 
review results have been documented and are placed in the docket for 
this final rule.
    Under Sec.  63.7(f) and Sec.  63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required or referenced testing methods, performance specifications, or 
procedures.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This rule is a nationwide standard that reduces air 
toxics emissions from existing stationary SI engines, thus decreasing 
the amount of such emissions to which all affected populations are 
exposed.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this final rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is a ``major rule'' as defined by 5 U.S.C. 
804(2). This final rule will be effective on October 19, 2010.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 10, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart ZZZZ--[Amended]

0
2. Section 63.6590 is amended by revising paragraphs (b)(2), (b)(3), 
and (c) to read as follows:


Sec.  63.6590  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (2) A new or reconstructed stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions which 
combusts landfill or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis must meet the initial 
notification requirements of Sec.  63.6645(f) and the requirements of 
Sec. Sec.  63.6625(c), 63.6650(g), and 63.6655(c). These stationary 
RICE do not have to meet the emission limitations and operating 
limitations of this subpart.
    (3) The following stationary RICE do not have to meet the 
requirements of this subpart and of subpart A of this part, including 
initial notification requirements:
    (i) Existing spark ignition 2 stroke lean burn (2SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (ii) Existing spark ignition 4 stroke lean burn (4SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (iii) Existing emergency stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions;
    (iv) Existing limited use stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions;
    (v) Existing stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions that combusts 
landfill gas or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual basis;
    (vi) Existing residential emergency stationary RICE located at an 
area source of HAP emissions;
    (vii) Existing commercial emergency stationary RICE located at an 
area source of HAP emissions; or
    (viii) Existing institutional emergency stationary RICE located at 
an area source of HAP emissions.
    (c) Stationary RICE subject to Regulations under 40 CFR Part 60. An 
affected source that meets any of the criteria in paragraphs (c)(1) 
through (7) of this section must meet the requirements of this part by 
meeting the requirements of 40 CFR part 60 subpart IIII, for 
compression ignition engines or 40 CFR part 60 subpart JJJJ, for spark 
ignition engines. No further requirements apply for such engines under 
this part.
    (1) A new or reconstructed stationary RICE located at an area 
source;
    (2) A new or reconstructed 2SLB stationary RICE with a site rating 
of less than or equal to 500 brake HP located at a major source of HAP 
emissions;
    (3) A new or reconstructed 4SLB stationary RICE with a site rating 
of less than 250 brake HP located at a major source of HAP emissions;
    (4) A new or reconstructed spark ignition 4 stroke rich burn (4SRB) 
stationary RICE with a site rating of less

[[Page 51589]]

than or equal to 500 brake HP located at a major source of HAP 
emissions;
    (5) A new or reconstructed stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions which combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis;
    (6) A new or reconstructed emergency or limited use stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions;
    (7) A new or reconstructed compression ignition (CI) stationary 
RICE with a site rating of less than or equal to 500 brake HP located 
at a major source of HAP emissions.

0
3. Section 63.6595 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  63.6595  When do I have to comply with this subpart?

    (a) * * *
    (1) If you have an existing stationary RICE, excluding existing 
non-emergency CI stationary RICE, with a site rating of more than 500 
brake HP located at a major source of HAP emissions, you must comply 
with the applicable emission limitations and operating limitations no 
later than June 15, 2007. If you have an existing non-emergency CI 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions, an existing stationary CI RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions, or an existing stationary CI RICE located at 
an area source of HAP emissions, you must comply with the applicable 
emission limitations and operating limitations no later than May 3, 
2013. If you have an existing stationary SI RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, or an existing stationary SI RICE located at an area source 
of HAP emissions, you must comply with the applicable emission 
limitations and operating limitations no later than October 19, 2013.
* * * * *

0
4. Section 63.6601 is amended by revising the section heading to read 
as follows:


Sec.  63.6601  What emission limitations must I meet if I own or 
operate a new or reconstructed 4SLB stationary RICE with a site rating 
of greater than or equal to 250 brake HP and less than or equal to 500 
brake HP located at a major source of HAP emissions?

* * * * *

0
5. Section 63.6602 is revised to read as follows:


Sec.  63.6602  What emission limitations must I meet if I own or 
operate an existing stationary RICE with a site rating of equal to or 
less than 500 brake HP located at a major source of HAP emissions?

    If you own or operate an existing stationary RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions, you must comply with the emission limitations in 
Table 2c to this subpart which apply to you. Compliance with the 
numerical emission limitations established in this subpart is based on 
the results of testing the average of three 1-hour runs using the 
testing requirements and procedures in Sec.  63.6620 and Table 4 to 
this subpart.

0
6. Section 63.6603 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  63.6603  What emission limitations and operating limitations must 
I meet if I own or operate an existing stationary RICE located at an 
area source of HAP emissions?

* * * * *
    (a) If you own or operate an existing stationary RICE located at an 
area source of HAP emissions, you must comply with the requirements in 
Table 2d to this subpart and the operating limitations in Table 2b to 
this subpart which apply to you.
* * * * *

0
7. Section 63.6604 is revised to read as follows:


Sec.  63.6604  What fuel requirements must I meet if I own or operate 
an existing stationary CI RICE?

    If you own or operate an existing non-emergency, non-black start CI 
stationary RICE with a site rating of more than 300 brake HP with a 
displacement of less than 30 liters per cylinder that uses diesel fuel, 
you must use diesel fuel that meets the requirements in 40 CFR 
80.510(b) for nonroad diesel fuel. Existing non-emergency CI stationary 
RICE located in Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, or at area sources in areas of Alaska not accessible 
by the FAHS are exempt from the requirements of this section.

0
8. Section 63.6611 is amended by revising the section heading to read 
as follows:


Sec.  63.6611  By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate a 
new or reconstructed 4SLB SI stationary RICE with a site rating of 
greater than or equal to 250 and less than or equal to 500 brake HP 
located at a major source of HAP emissions?

* * * * *

0
9. Section 63.6612 is amended by revising the introductory text to read 
as follows:


Sec.  63.6612  By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate an 
existing stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions or an existing 
stationary RICE located at an area source of HAP emissions?

    If you own or operate an existing stationary RICE with a site 
rating of less than or equal to 500 brake HP located at a major source 
of HAP emissions or an existing stationary RICE located at an area 
source of HAP emissions you are subject to the requirements of this 
section.
* * * * *

0
10. Section 63.6625 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (e);
0
c. Revising paragraph (g) introductory text;
0
d. Revising paragraph (h);
0
e. Revising paragraph (i); and
0
f. Adding paragraphs (j) and (k) to read as follows:


Sec.  63.6625  What are my monitoring, installation, collection, 
operation, and maintenance requirements?

* * * * *
    (b) If you are required to install a continuous parameter 
monitoring system (CPMS) as specified in Table 5 of this subpart, you 
must install, operate, and maintain each CPMS according to the 
requirements in paragraphs (b)(1) through (8) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must conduct all monitoring in continuous operation at all times 
that the unit is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to

[[Page 51590]]

provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (3) For purposes of calculating data averages, you must not use 
data recorded during monitoring malfunctions, associated repairs, out 
of control periods, or required quality assurance or control 
activities. You must use all the data collected during all other 
periods in assessing compliance. Any 15-minute period for which the 
monitoring system is out-of-control and data are not available for 
required calculations constitutes a deviation from the monitoring 
requirements.
    (4) Determine the 3-hour block average of all recorded readings, 
except as provided in paragraph (b)(3) of this section.
    (5) Record the results of each inspection, calibration, and 
validation check.
    (6) You must develop a site-specific monitoring plan that addresses 
paragraphs (b)(6)(i) through (vi) of this section.
    (i) Installation of the CPMS sampling probe or other interface at 
the appropriate location to obtain representative measurements;
    (ii) Performance and equipment specifications for the sample 
interface, parametric signal analyzer, and the data collection and 
reduction systems;
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations);
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  63.8(c)(1), (c)(3), and 
(c)(4)(ii);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d); and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (7) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (8) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
* * * * *
    (e) If you own or operate any of the following stationary RICE, you 
must operate and maintain the stationary RICE and after-treatment 
control device (if any) according to the manufacturer's emission-
related written instructions or develop your own maintenance plan which 
must provide to the extent practicable for the maintenance and 
operation of the engine in a manner consistent with good air pollution 
control practice for minimizing emissions:
    (1) An existing stationary RICE with a site rating of less than 100 
HP located at a major source of HAP emissions;
    (2) An existing emergency or black start stationary RICE with a 
site rating of less than or equal to 500 HP located at a major source 
of HAP emissions;
    (3) An existing emergency or black start stationary RICE located at 
an area source of HAP emissions;
    (4) An existing non-emergency, non-black start stationary CI RICE 
with a site rating less than or equal to 300 HP located at an area 
source of HAP emissions;
    (5) An existing non-emergency, non-black start 2SLB stationary RICE 
located at an area source of HAP emissions;
    (6) An existing non-emergency, non-black start landfill or digester 
gas stationary RICE located at an area source of HAP emissions;
    (7) An existing non-emergency, non-black start 4SLB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (8) An existing non-emergency, non-black start 4SRB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (9) An existing, non-emergency, non-black start 4SLB stationary 
RICE with a site rating greater than 500 HP located at an area source 
of HAP emissions that is operated 24 hours or less per calendar year; 
and
    (10) An existing, non-emergency, non-black start 4SRB stationary 
RICE with a site rating greater than 500 HP located at an area source 
of HAP emissions that is operated 24 hours or less per calendar year.
* * * * *
    (g) If you own or operate an existing non-emergency, non-black 
start CI engine greater than or equal to 300 HP that is not equipped 
with a closed crankcase ventilation system, you must comply with either 
paragraph (g)(1) or paragraph (g)(2) of this section. Owners and 
operators must follow the manufacturer's specified maintenance 
requirements for operating and maintaining the open or closed crankcase 
ventilation systems and replacing the crankcase filters, or can request 
the Administrator to approve different maintenance requirements that 
are as protective as manufacturer requirements. Existing CI engines 
located at area sources in areas of Alaska not accessible by the FAHS 
do not have to meet the requirements of paragraph (g) of this section.
* * * * *
    (h) If you operate a new, reconstructed, or existing stationary 
engine, you must minimize the engine's time spent at idle during 
startup and minimize the engine's startup time to a period needed for 
appropriate and safe loading of the engine, not to exceed 30 minutes, 
after which time the emission standards applicable to all times other 
than startup in Tables 1a, 2a, 2c, and 2d to this subpart apply.
    (i) If you own or operate a stationary CI engine that is subject to 
the work, operation or management practices in items 1 or 2 of Table 2c 
to this subpart or in items 1 or 4 of Table 2d to this subpart, you 
have the option of utilizing an oil analysis program in order to extend 
the specified oil change requirement in Tables 2c and 2d to this 
subpart. The oil analysis must be performed at the same frequency 
specified for changing the oil in Table 2c or 2d to this subpart. The 
analysis program must at a minimum analyze the following three 
parameters: Total Base Number, viscosity, and percent water content. 
The condemning limits for these parameters are as follows: Total Base 
Number is less than 30 percent of the Total Base Number of the oil when 
new; viscosity of the oil has changed by more than 20 percent from the 
viscosity of the oil when new; or percent water content (by volume) is 
greater than 0.5. If all of these condemning limits are not exceeded, 
the engine owner or operator is not required to change the oil. If any 
of the limits are exceeded, the engine owner or operator must change 
the oil within 2 days of receiving the results of the analysis; if the 
engine is not in operation when the results of the analysis are 
received, the engine owner or operator must change the oil within 2 
days or before commencing operation, whichever is later. The owner or 
operator must keep records of the parameters that are analyzed as part 
of the program, the results of the analysis, and the oil changes for 
the engine. The analysis program must be part of the maintenance plan 
for the engine.
    (j) If you own or operate a stationary SI engine that is subject to 
the work, operation or management practices in items 6, 7, or 8 of 
Table 2c to this subpart or in items 5, 6, 7, 9, or 11 of Table 2d to 
this subpart, you have the option of utilizing an oil analysis program 
in order to extend the specified oil change requirement in Tables 2c 
and 2d to this subpart. The oil analysis must be performed at the same 
frequency specified for changing the oil in Table

[[Page 51591]]

2c or 2d to this subpart. The analysis program must at a minimum 
analyze the following three parameters: Total Acid Number, viscosity, 
and percent water content. The condemning limits for these parameters 
are as follows: Total Acid Number increases by more than 3.0 milligrams 
of potassium hydroxide (KOH) per gram from Total Acid Number of the oil 
when new; viscosity of the oil has changed by more than 20 percent from 
the viscosity of the oil when new; or percent water content (by volume) 
is greater than 0.5. If all of these condemning limits are not 
exceeded, the engine owner or operator is not required to change the 
oil. If any of the limits are exceeded, the engine owner or operator 
must change the oil within 2 days of receiving the results of the 
analysis; if the engine is not in operation when the results of the 
analysis are received, the engine owner or operator must change the oil 
within 2 days or before commencing operation, whichever is later. The 
owner or operator must keep records of the parameters that are analyzed 
as part of the program, the results of the analysis, and the oil 
changes for the engine. The analysis program must be part of the 
maintenance plan for the engine.
    (k) If you have an operating limitation that requires the use of a 
temperature measurement device, you must meet the requirements in 
paragraphs (k)(1) through (4) of this section.
    (1) Locate the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 
degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the 
temperature value, whichever is larger, for a noncryogenic temperature 
range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 
degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the 
temperature value, whichever is larger, for a cryogenic temperature 
range.
    (4) Conduct a temperature measurement device calibration check at 
least every 3 months.

0
11. Section 63.6640 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.6640  How do I demonstrate continuous compliance with the 
emission limitations and operating limitations?

* * * * *
    (f) Requirements for emergency stationary RICE. (1) If you own or 
operate an existing emergency stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, a new or reconstructed emergency stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions that was installed on or after June 12, 2006, or an existing 
emergency stationary RICE located at an area source of HAP emissions, 
you must operate the emergency stationary RICE according to the 
requirements in paragraphs (f)(1)(i) through (iii) of this section. Any 
operation other than emergency operation, maintenance and testing, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (f)(1)(i) through (iii) of this section, is 
prohibited. If you do not operate the engine according to the 
requirements in paragraphs (f)(1)(i) through (iii) of this section, the 
engine will not be considered an emergency engine under this subpart 
and will need to meet all requirements for non-emergency engines.
    (i) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (ii) You may operate your emergency stationary RICE for the purpose 
of maintenance checks and readiness testing, provided that the tests 
are recommended by Federal, State or local government, the 
manufacturer, the vendor, or the insurance company associated with the 
engine. Maintenance checks and readiness testing of such units is 
limited to 100 hours per year. The owner or operator may petition the 
Administrator for approval of additional hours to be used for 
maintenance checks and readiness testing, but a petition is not 
required if the owner or operator maintains records indicating that 
Federal, State, or local standards require maintenance and testing of 
emergency RICE beyond 100 hours per year.
    (iii) You may operate your emergency stationary RICE up to 50 hours 
per year in non-emergency situations, but those 50 hours are counted 
towards the 100 hours per year provided for maintenance and testing. 
The 50 hours per year for non-emergency situations cannot be used for 
peak shaving or to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity; except that owners and operators may 
operate the emergency engine for a maximum of 15 hours per year as part 
of a demand response program if the regional transmission organization 
or equivalent balancing authority and transmission operator has 
determined there are emergency conditions that could lead to a 
potential electrical blackout, such as unusually low frequency, 
equipment overload, capacity or energy deficiency, or unacceptable 
voltage level. The engine may not be operated for more than 30 minutes 
prior to the time when the emergency condition is expected to occur, 
and the engine operation must be terminated immediately after the 
facility is notified that the emergency condition is no longer 
imminent. The 15 hours per year of demand response operation are 
counted as part of the 50 hours of operation per year provided for non-
emergency situations. The supply of emergency power to another entity 
or entities pursuant to financial arrangement is not limited by this 
paragraph (f)(1)(iii), as long as the power provided by the financial 
arrangement is limited to emergency power.
    (2) If you own or operate an emergency stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions that was installed prior to June 12, 2006, you must operate 
the engine according to the conditions described in paragraphs 
(f)(2)(i) through (iii) of this section. If you do not operate the 
engine according to the requirements in paragraphs (f)(2)(i) through 
(iii) of this section, the engine will not be considered an emergency 
engine under this subpart and will need to meet all requirements for 
non-emergency engines.
    (i) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (ii) You may operate your emergency stationary RICE for the purpose 
of maintenance checks and readiness testing, provided that the tests 
are recommended by the manufacturer, the vendor, or the insurance 
company associated with the engine. Required testing of such units 
should be minimized, but there is no time limit on the use of emergency 
stationary RICE in emergency situations and for routine testing and 
maintenance.
    (iii) You may operate your emergency stationary RICE for an 
additional 50 hours per year in non-emergency situations. The 50 hours 
per year for non-emergency situations cannot be used for peak shaving 
or to generate income for a facility to supply power to an electric 
grid or otherwise supply power as part of a financial arrangement with 
another entity.

0
12. Section 63.6645 is amended by revising paragraphs (a)(1), (a)(2), 
and (a)(5) to read as follows:


Sec.  63.6645  What notifications must I submit and when?

    (a) * * *
    (1) An existing stationary RICE with a site rating of less than or 
equal to 500

[[Page 51592]]

brake HP located at a major source of HAP emissions.
    (2) An existing stationary RICE located at an area source of HAP 
emissions.
* * * * *
    (5) This requirement does not apply if you own or operate an 
existing stationary RICE less than 100 HP, an existing stationary 
emergency RICE, or an existing stationary RICE that is not subject to 
any numerical emission standards.
* * * * *

0
13. Section 63.6655 is amended by revising paragraphs (e)(1) through 
(e)(3) and (f)(1) and (f)(2) to read as follows:


Sec.  63.6655  What records must I keep?

* * * * *
    (e) * * *
    (1) An existing stationary RICE with a site rating of less than 100 
brake HP located at a major source of HAP emissions.
    (2) An existing stationary emergency RICE.
    (3) An existing stationary RICE located at an area source of HAP 
emissions subject to management practices as shown in Table 2d to this 
subpart.
    (f) * * *
    (1) An existing emergency stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions that does not meet the standards applicable to non-emergency 
engines.
    (2) An existing emergency stationary RICE located at an area source 
of HAP emissions that does not meet the standards applicable to non-
emergency engines.

0
14. Section 63.6675 is amended by:
0
a. Adding in alphabetical order the definition of Commercial emergency 
stationary RICE;
0
b. Revising the definition of Emergency stationary RICE;
0
c. Adding in alphabetical order the definition of Institutional 
emergency stationary RICE;
0
d. Adding in alphabetical order the definition of Residential emergency 
stationary RICE; and
0
e. Removing the definition of Residential/commercial/institutional 
emergency stationary RICE to read as follows:


Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Commercial emergency stationary RICE means an emergency stationary 
RICE used in commercial establishments such as office buildings, 
hotels, stores, telecommunications facilities, restaurants, financial 
institutions such as banks, doctor's offices, and sports and performing 
arts facilities.
* * * * *
    Emergency stationary RICE means any stationary internal combustion 
engine whose operation is limited to emergency situations and required 
testing and maintenance. Examples include stationary RICE used to 
produce power for critical networks or equipment (including power 
supplied to portions of a facility) when electric power from the local 
utility (or the normal power source, if the facility runs on its own 
power production) is interrupted, or stationary RICE used to pump water 
in the case of fire or flood, etc. Stationary RICE used for peak 
shaving are not considered emergency stationary RICE. Stationary RICE 
used to supply power to an electric grid or that supply non-emergency 
power as part of a financial arrangement with another entity are not 
considered to be emergency engines, except as permitted under Sec.  
63.6640(f). All emergency stationary RICE must comply with the 
requirements specified in Sec.  63.6640(f) in order to be considered 
emergency stationary RICE. If the engine does not comply with the 
requirements specified in Sec.  63.6640(f), then it is not considered 
to be an emergency stationary RICE under this subpart.
* * * * *
    Institutional emergency stationary RICE means an emergency 
stationary RICE used in institutional establishments such as medical 
centers, nursing homes, research centers, institutions of higher 
education, correctional facilities, elementary and secondary schools, 
libraries, religious establishments, police stations, and fire 
stations.
* * * * *
    Residential emergency stationary RICE means an emergency stationary 
RICE used in residential establishments such as homes or apartment 
buildings.
* * * * *

0
15. Table 1a to Subpart ZZZZ of Part 63 heading and introductory text 
is revised to read as follows:

Table 1a to Subpart ZZZZ of Part 63. Emission Limitations for Existing, 
New, and Reconstructed Spark Ignition, 4SRB Stationary RICE > 500 HP 
Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600 and 63.6640, you must comply with 
the following emission limitations at 100 percent load plus or minus 10 
percent for existing, new and reconstructed 4SRB stationary RICE >500 
HP located at a major source of HAP emissions:
* * * * *

0
16. Table 1b to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 1b to Subpart ZZZZ of Part 63. Operating Limitations for 
Existing, New, and Reconstructed Spark Ignition 4SRB Stationary RICE > 
500 HP Located at a Major Source of HAP Emissions and Existing Spark 
Ignition 4SRB Stationary RICE > 500 HP Located at an Area Source of HAP 
Emissions

    As stated in Sec. Sec.  63.6600, 63.6630 and 63.6640, you must 
comply with the following operating limitations for existing, new and 
reconstructed 4SRB stationary RICE > 500 HP located at a major source 
of HAP emissions and existing 4SRB stationary RICE > 500 HP located at 
an area source of HAP emissions that operate more than 24 hours per 
calendar year:

------------------------------------------------------------------------
                                             You must meet the following
              For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with the  a. maintain your catalyst so
 requirement to reduce formaldehyde          that the pressure drop
 emissions by 76 percent or more (or by 75   across the catalyst does
 percent or more, if applicable) and using   not change by more than 2
 NSCR; or                                    inches of water at 100
                                             percent load plus or minus;
                                             10 percent from the
                                             pressure drop across the
                                             catalyst measured during
                                             the initial performance
                                             test and
4SRB stationary RICE complying with the     b. maintain the termperature
 requirement to limit the concentration of   of your stationary RICE
 formaldehyde in the stationary RICE         exhaust so the catalyst
 exhaust to 350 ppbvd or less at 15          inlet temperature is
 percent O2 and using NSCR; or               greater than or equal to
                                             750 [deg]F and less than or
                                             equal to 1250 [deg]F.
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 2.7 ppmvd or less at 15
 percent O2 and using NSCR.

[[Page 51593]]

 
2. 4SRB stationary RICE complying with the  Comply with any operating
 requirement to reduce formaldehyde          limitations approved by the
 emissions by 76 percent or more (or by 75   Administrator.
 percent or more, if applicable) and not
 using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 2.7 ppmvd or less at 15
 percent O2 and using NSCR.
------------------------------------------------------------------------


0
17. Table 2b to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 2b to Subpart ZZZZ of Part 63. Operating Limitations for New and 
Reconstructed 2SLB and Compression Ignition Stationary RICE > 500 HP 
Located at a Major Source of HAP Emissions, New and Reconstructed 4SLB 
Stationary RICE >= 250 HP Located at a Major Source of HAP Emissions, 
Existing Compression Ignition Stationary RICE > 500 HP, and Existing 
4SLB Stationary RICE > 500 HP Located at an Area Source of HAP 
Emissions

    As stated in Sec. Sec.  63.6600, 63.6601, 63.6630, and 63.6640, you 
must comply with the following operating limitations for new and 
reconstructed 2SLB and compression ignition stationary RICE located at 
a major source of HAP emissions; new and reconstructed 4SLB stationary 
RICE >= 250 HP located at a major source of HAP emissions; existing 
compression ignition stationary RICE > 500 HP; and existing 4SLB 
stationary RICE > 500 HP located at an area source of HAP emissions 
that operate more than 24 hours per calendar year:

------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst; or 4SLB stationary RICE and    test; and
 CI stationary RICE complying with the   b. maintain the temperature of
 requirement to limit the concentration   your stationary RICE exhaust
 of CO in the stationary RICE exhaust     so that the catalyst inlet
 and using an oxidation catalyst.         temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350
                                          [deg]F.\1\
2. 2SLB and 4SLB stationary RICE and CI  Comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst; or 4SLB stationary RICE and
 CI stationary RICE complying with the
 requirement to limit the concentration
 of CO in the stationary RICE exhaust
 and not using an oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(g) for a different temperature range.


0
18. Table 2c to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 2c to Subpart ZZZZ of Part 63. Requirements for Existing 
Compression Ignition Stationary RICE Located at a Major Source of HAP 
Emissions and Existing Spark Ignition Stationary RICE <= 500 HP Located 
at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600, 63.6602, and 63.6640, you must 
comply with the following requirements for existing compression 
ignition stationary RICE located at a major source of HAP emissions and 
existing spark ignition stationary RICE <= 500 HP located at a major 
source of HAP emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .          requirement, except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Emergency stationary CI    a. Change oil and     Minimize the
 RICE and black start          filter every 500      engine's time spent
 stationary CI RICE. \1\       hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first; \2\            time at startup to
                              b. Inspect air         a period needed for
                               cleaner every 1,000   appropriate and
                               hours of operation    safe loading of the
                               or annually,          engine, not to
                               whichever comes       exceed 30 minutes,
                               first;.               after which time
                              c. Inspect all hoses   the non-startup
                               and belts every 500   emission
                               hours of operation    limitations
                               or annually,          apply.\3\
                               whichever comes
                               first, and replace
                               as necessary.\3\.

[[Page 51594]]

 
2. Non-Emergency, non-black   a. Change oil and
 start stationary CI RICE <    filter every 1,000
 100 HP.                       hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\
3. Non-Emergency, non-black   Limit concentration
 start CI stationary RICE      of CO in the
 100 <= HP <= 300 HP.          stationary RICE
                               exhaust to 230
                               ppmvd or less at 15
                               percent O2.
4. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300 < HP <= 500.              in the stationary
                               RICE exhaust to 49
                               ppmvd or less at 15
                               percent O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
5. Non-Emergency, non-black   a. Limit
 start stationary CI RICE      concentration of CO
 >500 HP.                      in the stationary
                               RICE exhaust to 23
                               ppmvd or less at 15
                               percent O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
6. Emergency stationary SI    a. Change oil and
 RICE and black start          filter every 500
 stationary SI RICE.\1\        hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\
7. Non-Emergency, non-black   a. Change oil and
 start stationary SI RICE <    filter every 1,440
 100 HP that are not 2SLB      hours of operation
 stationary RICE.              or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
8. Non-Emergency, non-black   a. Change oil and
 start 2SLB stationary SI      filter every 4,320
 RICE < 100 HP.                hours of operation
                               or annually,
                               whichever comes
                               first; \2\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
9. Non-emergency, non-black   Limit concentration
 start 2SLB stationary RICE    of CO in the
 100 <= HP <= 500.             stationary RICE
                               exhaust to 225
                               ppmvd or less at 15
                               percent O2.
10. Non-emergency, non-black  Limit concentration
 start 4SLB stationary RICE    of CO in the
 100 <= HP <= 500.             stationary RICE
                               exhaust to 47 ppmvd
                               or less at 15
                               percent O2.
11. Non-emergency, non-black  Limit concentration
 start 4SRB stationary RICE    of formaldehyde in
 100 <= HP <= 500.             the stationary RICE
                               exhaust to 10.3
                               ppmvd or less at 15
                               percent O2.
12. Non-emergency, non-black  Limit concentration
 start landfill or digester    of CO in the
 gas-fired stationary RICE     stationary RICE
 100 <= HP <= 500.             exhaust to 177
                               ppmvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the work
  practice requirements on the schedule required in Table 2c of this
  subpart, or if performing the work practice on the required schedule
  would otherwise pose an unacceptable risk under Federal, State, or
  local law, the work practice can be delayed until the emergency is
  over or the unacceptable risk under Federal, State, or local law has
  abated. The work practice should be performed as soon as practicable
  after the emergency has ended or the unacceptable risk under Federal,
  State, or local law has abated. Sources must report any failure to
  perform the work practice on the schedule required and the Federal,
  State or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
  described in Sec.   63.6625(i) in order to extend the specified oil
  change requirement in Table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[[Page 51595]]


0
19. Table 2d to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 2d to Subpart ZZZZ of Part 63. Requirements for Existing 
Stationary RICE Located at Area Sources of HAP Emissions

    As stated in Sec. Sec.  63.6603 and 63.6640, you must comply with 
the following requirements for existing stationary RICE located at area 
sources of HAP emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .         requirement,  except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Non-Emergency, non-black   a. Change oil and     Minimize the
 start CI stationary RICE <=   filter every 1,000    engine's time spent
 300 HP.                       hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first; \1\            time at startup to
                                                     a period needed for
                                                     appropriate and
                                                     safe loading of the
                                                     engine, not to
                                                     exceed 30 minutes,
                                                     after which time
                                                     the non-startup
                                                     emission
                                                     limitations apply.
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first;
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
2. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300     concentration of CO
 500 HP.                       in the stationary
                               RICE exhaust to 23
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
4. Emergency stationary CI    a. Change oil and
 RICE and black start          filter every 500
 stationary CI RICE.\2\        hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.
5. Emergency stationary SI    a. Change oil and
 RICE; black start             filter every 500
 stationary SI RICE; non-      hours of operation
 emergency, non-black start    or annually,
 4SLB stationary RICE > 500    whichever comes
 HP that operate 24 hours or   first; \1\
 less per calendar year; non- b. Inspect spark
 emergency, non-black start    plugs every 1,000
 4SRB stationary RICE > 500    hours of operation
 HP that operate 24 hours or   or annually,
 less per calendar year.\2\    whichever comes
                               first; and.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
6. Non-emergency, non-black   a. Change oil and
 start 2SLB stationary RICE.   filter every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
7. Non-emergency, non-black   a. Change oil and
 start 4SLB stationary RICE    filter every 1,440
 <= 500 HP.                    hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
8. Non-emergency, non-black   a. Limit
 start 4SLB stationary RICE    concentration of CO
 > 500 HP.                     in the stationary
                               RICE exhaust to 47
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce CO
                               emissions by 93
                               percent or more.
9. Non-emergency, non-black   a. Change oil and
 start 4SRB stationary RICE    filter every 1,440
 <= 500 HP.                    hours of operation
                               or annually,
                               whichever comes
                               first; \1\

[[Page 51596]]

 
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
10. Non-emergency, non-black  a. Limit
 start 4SRB stationary RICE    concentration of
 > 500 HP.                     formaldehyde in the
                               stationary RICE
                               exhaust to 2.7
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce
                               formaldehyde
                               emissions by 76
                               percent or more.
11. Non-emergency, non-black  a. Change oil and
 start landfill or digester    filter every 1,440
 gas-fired stationary RICE.    hours of operation
                               or annually,
                               whichever comes
                               first; \1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
  described in Sec.   63.6625(i) in order to extend the specified oil
  change requirement in Table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the
  management practice requirements on the schedule required in Table 2d
  of this subpart, or if performing the management practice on the
  required schedule would otherwise pose an unacceptable risk under
  Federal, State, or local law, the management practice can be delayed
  until the emergency is over or the unacceptable risk under Federal,
  State, or local law has abated. The management practice should be
  performed as soon as practicable after the emergency has ended or the
  unacceptable risk under Federal, State, or local law has abated.
  Sources must report any failure to perform the management practice on
  the schedule required and the Federal, State or local law under which
  the risk was deemed unacceptable.


0
20. Table 3 to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 3 to Subpart ZZZZ of Part 63. Subsequent Performance Tests

    As stated in Sec. Sec.  63.6615 and 63.6620, you must comply with 
the following subsequent performance test requirements:

------------------------------------------------------------------------
                                  Complying with the
         For each . . .           requirement to . .    You must . . .
                                           .
------------------------------------------------------------------------
1. New or reconstructed 2SLB      Reduce CO           Conduct subsequent
 stationary RICE with a brake      emissions and not   performance tests
 horsepower > 500 located at       using a CEMS.       semiannually.\1\
 major sources; new or
 reconstructed 4SLB stationary
 RICE with a brake horsepower >=
 250 located at major sources;
 and new or reconstructed CI
 stationary RICE with a brake
 horsepower > 500 located at
 major sources.
2. 4SRB stationary RICE with a    Reduce              Conduct subsequent
 brake horsepower >= 5,000         formaldehyde        performance tests
 located at major sources.         emissions.          semiannually.\1\
3. Stationary RICE with a brake   Limit the           Conduct subsequent
 horsepower > 500 located at       concentration of    performance tests
 major sources and new or          formaldehyde in     semiannually.\1\
 reconstructed 4SLB stationary     the stationary
 RICE with a brake horsepower      RICE exhaust.
 250 <= HP <= 500 located at
 major sources.
4. Existing non-emergency, non-   Limit or reduce CO  Conduct subsequent
 black start CI stationary RICE    or formaldehyde     performance tests
 with a brake horsepower > 500     emissions.          every 8,760 hrs.
 that are not limited use                              or 3 years,
 stationary RICE; existing non-                        whichever comes
 emergency, non-black start 4SLB                       first.
 and 4SRB stationary RICE
 located at an area source of
 HAP emissions with a brake
 horsepower > 500 that are
 operated more than 24 hours per
 calendar year that are not
 limited use stationary RICE.

[[Page 51597]]

 
5. Existing non-emergency, non-   Limit or reduce CO  Conduct subsequent
 black start CI stationary RICE    or formaldehyde     performance tests
 with a brake horsepower > 500     emissions.          every 8,760 hrs.
 that are limited use stationary                       or 5 years,
 RICE; existing non-emergency,                         whichever comes
 non-black start 4SLB and 4SRB                         first.
 stationary RICE located at an
 area source of HAP emissions
 with a brake horsepower > 500
 that are operated more than 24
 hours per calendar year and are
 limited use stationary RICE.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


0
21. Table 4 to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance Tests

    As stated in Sec. Sec.  63.6610, 63.6611, 63.6612, 63.6620, and 
63.6640, you must comply with the following requirements for 
performance tests for stationary RICE:

----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each . . .             requirement to .    You must . . .        Using . . .          following
                                          . .                                                 requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. Reduce CO        i. Measure the O2   (1) Portable CO     (a) Using ASTM
 RICE.                             emissions.          at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       outlet of the                           \a\ (incorporated
                                                       control device;                         by reference, see
                                                       and                                     Sec.   63.14).
                                                                                               Measurements to
                                                                                               determine O2 must
                                                                                               be made at the
                                                                                               same time as the
                                                                                               measurements for
                                                                                               CO concentration.
                                                      ii. Measure the CO  (1) Portable CO     (a) Using ASTM
                                                       at the inlet and    and O2 analyzer.    D6522-00 (2005) a
                                                       the outlet of the                       b (incorporated
                                                       control device.                         by reference, see
                                                                                               Sec.   63.14) or
                                                                                               Method 10 of 40
                                                                                               CFR appendix A.
                                                                                               The CO
                                                                                               concentration
                                                                                               must be at 15
                                                                                               percent O2, dry
                                                                                               basis.
2. 4SRB stationary RICE.........  a. Reduce           i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.                outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and
                                                      ii. Measure O2 at   (1) Method 3 or 3A  (a) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and                 D6522-00m (2005).   the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and                 63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the inlet and the   part 63, appendix   must be at 15
                                                       outlet of the       A; or ASTM D6348-   percent O2, dry
                                                       control device.     03,\c\ provided     basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
3. Stationary RICE..............  a. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formaldehyde or     location and the    60, appendix A      the sampling site
                                   CO in the           number of           Sec.                must be located
                                   stationary RICE     traverse points;    63.7(d)(1)(i).      at the outlet of
                                   exhaust.            and                                     the control
                                                                                               device.

[[Page 51598]]

 
                                                      ii. Determine the   (1) Method 3 or 3A  (a) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and                           location as the
                                                                                               measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the stationary   appendix A, or      moisture content
                                                       RICE exhaust at     Test Method 320     must be made at
                                                       the sampling port   of 40 CFR part      the same time and
                                                       location; and       63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the exhaust of      part 63, appendix   must be at 15
                                                       the stationary      A; or ASTM D6348-   percent O2, dry
                                                       RICE; or            03,\c\ provided     basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
                                                      v. Measure CO at    (1) Method 10 of    (a) CO
                                                       the exhaust of      40 CFR part 60,     Concentration
                                                       the stationary      appendix A, ASTM    must be at 15
                                                       RICE.               Method D6522-00     percent O2, dry
                                                                           (2005),\a\ Method   basis. Results of
                                                                           320 of 40 CFR       this test consist
                                                                           part 63, appendix   of the average of
                                                                           A, or ASTM D6348-   the three 1-hour
                                                                           03.                 longer runs.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106. ASTM-D6522-00 (2005) may be used to test both CI and SI stationary RICE.
\b\ You may also use Method 320 of 40 CFR part 63, appendix A, or ASTM D6348-03.
\c\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


0
22. Table 5 to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 5 to Subpart ZZZZ of Part 63. Initial Compliance With Emission 
Limitations and Operating Limitations

    As stated in Sec. Sec.  63.6612, 63.6625 and 63.6630, you must 
initially comply with the emission and operating limitations as 
required by the following:

------------------------------------------------------------------------
                                                           You have
                                  Complying with the     demonstrated
         For each . . .           requirement to . .  initial compliance
                                           .                if . . .
------------------------------------------------------------------------
1. New or reconstructed non-      a. Reduce CO        i. The average
 emergency 2SLB stationary RICE    emissions and       reduction of
 > 500 HP located at a major       using oxidation     emissions of CO
 source of HAP, new or             catalyst, and       determined from
 reconstructed non-emergency       using a CPMS.       the initial
 4SLB stationary RICE >= 250 HP                        performance test
 located at a major source of                          achieves the
 HAP, non-emergency stationary                         required CO
 CI RICE > 500 HP located at a                         percent
 major source of HAP, existing                         reduction; and
 non-emergency stationary CI                          ii. You have
 RICE > 500 HP located at an                           installed a CPMS
 area source of HAP, and                               to continuously
 existing non-emergency 4SLB                           monitor catalyst
 stationary RICE > 500 HP                              inlet temperature
 located at an area source of                          according to the
 HAP that are operated more than                       requirements in
 24 hours per calendar year.                           Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       catalyst pressure
                                                       drop and catalyst
                                                       inlet temperature
                                                       during the
                                                       initial
                                                       performance test.

[[Page 51599]]

 
2. New or reconstructed non-      a. Reduce CO        i. The average
 emergency 2SLB stationary RICE    emissions and not   reduction of
 > 500 HP located at a major       using oxidation     emissions of CO
 source of HAP, new or             catalyst.           determined from
 reconstructed non-emergency                           the initial
 4SLB stationary RICE >= 250 HP                        performance test
 located at a major source of                          achieves the
 HAP, non-emergency stationary                         required CO
 CI RICE > 500 HP located at a                         percent
 major source of HAP, existing                         reduction; and
 non-emergency stationary CI                          ii. You have
 RICE > 500 HP located at an                           installed a CPMS
 area source of HAP, and                               to continuously
 existing non-emergency 4SLB                           monitor operating
 stationary RICE > 500 HP                              parameters
 located at an area source of                          approved by the
 HAP that are operated more than                       Administrator (if
 24 hours per calendar year.                           any) according to
                                                       the requirements
                                                       in Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       approved
                                                       operating
                                                       parameters (if
                                                       any) during the
                                                       initial
                                                       performance test.
3. New or reconstructed non-      a. Reduce CO        i. You have
 emergency 2SLB stationary RICE    emissions, and      installed a CEMS
 > 500 HP located at a major       using a CEMS.       to continuously
 source of HAP, new or                                 monitor CO and
 reconstructed non-emergency                           either O2 or CO2
 4SLB stationary RICE >= 250 HP                        at both the inlet
 located at a major source of                          and outlet of the
 HAP, non-emergency stationary                         oxidation
 CI RICE > 500 HP located at a                         catalyst
 major source of HAP, existing                         according to the
 non-emergency stationary CI                           requirements in
 RICE > 500 HP located at an                           Sec.
 area source of HAP, and                               63.6625(a); and
 existing non-emergency 4SLB                          ii. You have
 stationary RICE > 500 HP                              conducted a
 located at an area source of                          performance
 HAP that are operated more than                       evaluation of
 24 hours per calendar year.                           your CEMS using
                                                       PS 3 and 4A of 40
                                                       CFR part 60,
                                                       appendix B; and
                                                      iii. The average
                                                       reduction of CO
                                                       calculated using
                                                       Sec.   63.6620
                                                       equals or exceeds
                                                       the required
                                                       percent
                                                       reduction. The
                                                       initial test
                                                       comprises the
                                                       first 4-hour
                                                       period after
                                                       successful
                                                       validation of the
                                                       CEMS. Compliance
                                                       is based on the
                                                       average percent
                                                       reduction
                                                       achieved during
                                                       the 4-hour
                                                       period.
4. Non-emergency 4SRB stationary  a. Reduce           i. The average
 RICE > 500 HP located at a        formaldehyde        reduction of
 major source of HAP, and          emissions and       emissions of
 existing non-emergency 4SRB       using NSCR.         formaldehyde
 stationary RICE > 500 HP                              determined from
 located at an area source of                          the initial
 HAP that are operated more than                       performance test
 24 hours per calendar year.                           is equal to or
                                                       greater than the
                                                       required
                                                       formaldehyde
                                                       percent
                                                       reduction; and
                                                      ii. You have
                                                       installed a CPMS
                                                       to continuously
                                                       monitor catalyst
                                                       inlet temperature
                                                       according to the
                                                       requirements in
                                                       Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       catalyst pressure
                                                       drop and catalyst
                                                       inlet temperature
                                                       during the
                                                       initial
                                                       performance test.
5. Non-emergency 4SRB stationary  a. Reduce           i. The average
 RICE > 500 HP located at a        formaldehyde        reduction of
 major source of HAP, and          emissions and not   emissions of
 existing non-emergency 4SRB       using NSCR.         formaldehyde
 stationary RICE > 500 HP                              determined from
 located at an area source of                          the initial
 HAP that are operated more than                       performance test
 24 hours per calendar year.                           is equal to or
                                                       greater than the
                                                       required
                                                       formaldehyde
                                                       percent
                                                       reduction; and
                                                      ii. You have
                                                       installed a CPMS
                                                       to continuously
                                                       monitor operating
                                                       parameters
                                                       approved by the
                                                       Administrator (if
                                                       any) according to
                                                       the requirements
                                                       in Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       approved
                                                       operating
                                                       parameters (if
                                                       any) during the
                                                       initial
                                                       performance test.
6. New or reconstructed non-      a. Limit the        i. The average
 emergency stationary RICE > 500   concentration of    formaldehyde
 HP located at a major source of   formaldehyde in     concentration,
 HAP, new or reconstructed non-    the stationary      corrected to 15
 emergency 4SLB stationary RICE    RICE exhaust and    percent O2, dry
 250 <= HP <=500 located at a      using oxidation     basis, from the
 major source of HAP, and          catalyst or NSCR.   three test runs
 existing non-emergency 4SRB                           is less than or
 stationary RICE > 500 HP.                             equal to the
                                                       formaldehyde
                                                       emission
                                                       limitation; and
                                                      ii. You have
                                                       installed a CPMS
                                                       to continuously
                                                       monitor catalyst
                                                       inlet temperature
                                                       according to the
                                                       requirements in
                                                       Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       catalyst pressure
                                                       drop and catalyst
                                                       inlet temperature
                                                       during the
                                                       initial
                                                       performance test.
7. New or reconstructed non-      a. Limit the        i. The average
 emergency stationary RICE > 500   concentration of    formaldehyde
 HP located at a major source of   formaldehyde in     concentration,
 HAP, new or reconstructed non-    the stationary      corrected to 15
 emergency 4SLB stationary RICE    RICE exhaust and    percent O2, dry
 250 <= HP <=500 located at a      not using           basis, from the
 major source of HAP, and          oxidation           three test runs
 existing non-emergency 4SRB       catalyst or NSCR.   is less than or
 stationary RICE > 500 HP.                             equal to the
                                                       formaldehyde
                                                       emission
                                                       limitation; and
                                                      ii. You have
                                                       installed a CPMS
                                                       to continuously
                                                       monitor operating
                                                       parameters
                                                       approved by the
                                                       Administrator (if
                                                       any) according to
                                                       the requirements
                                                       in Sec.
                                                       63.6625(b); and
                                                      iii. You have
                                                       recorded the
                                                       approved
                                                       operating
                                                       parameters (if
                                                       any) during the
                                                       initial
                                                       performance test.

[[Page 51600]]

 
8. Existing non-emergency         a. Reduce CO or     i. The average
 stationary RICE 100 <= HP <=      formaldehyde        reduction of
 500 located at a major source     emissions.          emissions of CO
 of HAP, and existing non-                             or formaldehyde,
 emergency stationary CI RICE                          as applicable
 300 < HP <= 500 located at an                         determined from
 area source of HAP.                                   the initial
                                                       performance test
                                                       is equal to or
                                                       greater than the
                                                       required CO or
                                                       formaldehyde, as
                                                       applicable,
                                                       percent
                                                       reduction.
9. Existing non-emergency         a. Limit the        i. The average
 stationary RICE 100 <= HP <=      concentration of    formaldehyde or
 500 located at a major source     formaldehyde or     CO concentration,
 of HAP, and existing non-         CO in the           as applicable,
 emergency stationary CI RICE      stationary RICE     corrected to 15
 300 < HP <= 500 located at an     exhaust.            percent O2, dry
 area source of HAP.                                   basis, from the
                                                       three test runs
                                                       is less than or
                                                       equal to the
                                                       formaldehyde or
                                                       CO emission
                                                       limitation, as
                                                       applicable.
------------------------------------------------------------------------


0
23. Table 6 to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 6 to Subpart ZZZZ of Part 63. Continuous Compliance With Emission 
Limitations, Operating Limitations, Work Practices, and Management 
Practices

    As stated in Sec.  63.6640, you must continuously comply with the 
emissions and operating limitations and work or management practices as 
required by the following:

------------------------------------------------------------------------
                                                           You must
                                  Complying with the      demonstrate
         For each . . .           requirement to . .      continuous
                                           .           compliance by . .
                                                               .
------------------------------------------------------------------------
1. New or reconstructed non-      a. Reduce CO        i. Conducting
 emergency 2SLB stationary RICE    emissions and       semiannual
 > 500 HP located at a major       using an            performance tests
 source of HAP, new or             oxidation           for CO to
 reconstructed non-emergency       catalyst, and       demonstrate that
 4SLB stationary RICE >= 250 HP    using a CPMS.       the required CO
 located at a major source of                          percent reduction
 HAP, and new or reconstructed                         is achieved; \a\
 non-emergency CI stationary                           and
 RICE > 500 HP located at a                           ii. Collecting the
 major source of HAP.                                  catalyst inlet
                                                       temperature data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the catalyst
                                                       inlet
                                                       temperature; and
                                                      v. Measuring the
                                                       pressure drop
                                                       across the
                                                       catalyst once per
                                                       month and
                                                       demonstrating
                                                       that the pressure
                                                       drop across the
                                                       catalyst is
                                                       within the
                                                       operating
                                                       limitation
                                                       established
                                                       during the
                                                       performance test.
2. New or reconstructed non-      a. Reduce CO        i. Conducting
 emergency 2SLB stationary RICE    emissions and not   semiannual
 > 500 HP located at a major       using an            performance tests
 source of HAP, new or             oxidation           for CO to
 reconstructed non-emergency       catalyst, and       demonstrate that
 4SLB stationary RICE >= 250 HP    using a CPMS.       the required CO
 located at a major source of                          percent reduction
 HAP, and new or reconstructed                         is achieved;\a\
 non-emergency CI stationary                           and
 RICE > 500 HP located at a                           ii. Collecting the
 major source of HAP.                                  approved
                                                       operating
                                                       parameter (if
                                                       any) data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the operating
                                                       parameters
                                                       established
                                                       during the
                                                       performance test.
3. New or reconstructed non-      a. Reduce CO        i. Collecting the
 emergency 2SLB stationary RICE    emissions and       monitoring data
 > 500 HP located at a major       using a CEMS.       according to Sec.
 source of HAP, new or                                   63.6625(a),
 reconstructed non-emergency                           reducing the
 4SLB stationary RICE >= 250 HP                        measurements to 1-
 located at a major source of                          hour averages,
 HAP, new or reconstructed non-                        calculating the
 emergency stationary CI RICE >                        percent reduction
 500 HP located at a major                             of CO emissions
 source of HAP, existing non-                          according to Sec.
 emergency stationary CI RICE >                          63.6620; and
 500 HP, existing non-emergency                       ii. Demonstrating
 4SLB stationary RICE > 500 HP                         that the catalyst
 located at an area source of                          achieves the
 HAP that are operated more than                       required percent
 24 hours per calendar year.                           reduction of CO
                                                       emissions over
                                                       the 4-hour
                                                       averaging period;
                                                       and
                                                      iii. Conducting an
                                                       annual RATA of
                                                       your CEMS using
                                                       PS 3 and 4A of 40
                                                       CFR part 60,
                                                       appendix B, as
                                                       well as daily and
                                                       periodic data
                                                       quality checks in
                                                       accordance with
                                                       40 CFR part 60,
                                                       appendix F,
                                                       procedure 1.
4. Non-emergency 4SRB stationary  a. Reduce           i. Collecting the
 RICE > 500 HP located at a        formaldehyde        catalyst inlet
 major source of HAP.              emissions and       temperature data
                                   using NSCR.         according to Sec.
                                                         63.6625(b); and
                                                      ii. Reducing these
                                                       data to 4-hour
                                                       rolling averages;
                                                       and
                                                      iii. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the catalyst
                                                       inlet
                                                       temperature; and

[[Page 51601]]

 
                                                      iv. Measuring the
                                                       pressure drop
                                                       across the
                                                       catalyst once per
                                                       month and
                                                       demonstrating
                                                       that the pressure
                                                       drop across the
                                                       catalyst is
                                                       within the
                                                       operating
                                                       limitation
                                                       established
                                                       during the
                                                       performance test.
5. Non-emergency 4SRB stationary  a. Reduce           i. Collecting the
 RICE > 500 HP located at a        formaldehyde        approved
 major source of HAP.              emissions and not   operating
                                   using NSCR.         parameter (if
                                                       any) data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      ii. Reducing these
                                                       data to 4-hour
                                                       rolling averages;
                                                       and
                                                      iii. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the operating
                                                       parameters
                                                       established
                                                       during the
                                                       performance test.
6. Non-emergency 4SRB stationary  a. Reduce           Conducting
 RICE with a brake HP >= 5,000     formaldehyde        semiannual
 located at a major source of      emissions.          performance tests
 HAP.                                                  for formaldehyde
                                                       to demonstrate
                                                       that the required
                                                       formaldehyde
                                                       percent reduction
                                                       is achieved.\a\
7. New or reconstructed non-      a. Limit the        i. Conducting
 emergency stationary RICE > 500   concentration of    semiannual
 HP located at a major source of   formaldehyde in     performance tests
 HAP and new or reconstructed      the stationary      for formaldehyde
 non-emergency 4SLB stationary     RICE exhaust and    to demonstrate
 RICE 250 <= HP <= 500 located     using oxidation     that your
 at a major source of HAP.         catalyst or NSCR.   emissions remain
                                                       at or below the
                                                       formaldehyde
                                                       concentration
                                                       limit;\a\ and
                                                      ii. Collecting the
                                                       catalyst inlet
                                                       temperature data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the catalyst
                                                       inlet
                                                       temperature; and
                                                      v. Measuring the
                                                       pressure drop
                                                       across the
                                                       catalyst once per
                                                       month and
                                                       demonstrating
                                                       that the pressure
                                                       drop across the
                                                       catalyst is
                                                       within the
                                                       operating
                                                       limitation
                                                       established
                                                       during the
                                                       performance test.
8. New or reconstructed non-      a. Limit the        i. Conducting
 emergency stationary RICE > 500   concentration of    semiannual
 HP located at a major source of   formaldehyde in     performance tests
 HAP and new or reconstructed      the stationary      for formaldehyde
 non-emergency 4SLB stationary     RICE exhaust and    to demonstrate
 RICE 250 <= HP <= 500 located     not using           that your
 at a major source of HAP.         oxidation           emissions remain
                                   catalyst or NSCR.   at or below the
                                                       formaldehyde
                                                       concentration
                                                       limit;\a\ and
                                                      ii. Collecting the
                                                       approved
                                                       operating
                                                       parameter (if
                                                       any) data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the operating
                                                       parameters
                                                       established
                                                       during the
                                                       performance test.
9. Existing emergency and black   a. Work or          i. Operating and
 start stationary RICE <= 500 HP   Management          maintaining the
 located at a major source of      practices.          stationary RICE
 HAP, existing non-emergency                           according to the
 stationary RICE < 100 HP                              manufacturer's
 located at a major source of                          emission-related
 HAP, existing emergency and                           operation and
 black start stationary RICE                           maintenance
 located at an area source of                          instructions; or
 HAP, existing non-emergency                          ii. Develop and
 stationary CI RICE <= 300 HP                          follow your own
 located at an area source of                          maintenance plan
 HAP, existing non-emergency                           which must
 2SLB stationary RICE located at                       provide to the
 an area source of HAP, existing                       extent
 non-emergency landfill or                             practicable for
 digester gas stationary SI RICE                       the maintenance
 located at an area source of                          and operation of
 HAP, existing non-emergency                           the engine in a
 4SLB and 4SRB stationary RICE                         manner consistent
 <= 500 HP located at an area                          with good air
 source of HAP, existing non-                          pollution control
 emergency 4SLB and 4SRB                               practice for
 stationary RICE > 500 HP                              minimizing
 located at an area source of                          emissions.
 HAP that operate 24 hours or
 less per calendar year.

[[Page 51602]]

 
10. Existing stationary CI RICE   a. Reduce CO or     i. Conducting
 > 500 HP that are not limited     formaldehyde        performance tests
 use stationary RICE, and          emissions, or       every 8,760 hours
 existing 4SLB and 4SRB            limit the           or 3 years,
 stationary RICE > 500 HP          concentration of    whichever comes
 located at an area source of      formaldehyde or     first, for CO or
 HAP that operate more than 24     CO in the           formaldehyde, as
 hours per calendar year and are   stationary RICE     appropriate, to
 not limited use stationary RICE.  exhaust, and        demonstrate that
                                   using oxidation     the required CO
                                   catalyst or NSCR.   or formaldehyde,
                                                       as appropriate,
                                                       percent reduction
                                                       is achieved or
                                                       that your
                                                       emissions remain
                                                       at or below the
                                                       CO or
                                                       formaldehyde
                                                       concentration
                                                       limit; and
                                                      ii. Collecting the
                                                       catalyst inlet
                                                       temperature data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the catalyst
                                                       inlet
                                                       temperature; and
                                                      v. Measuring the
                                                       pressure drop
                                                       across the
                                                       catalyst once per
                                                       month and
                                                       demonstrating
                                                       that the pressure
                                                       drop across the
                                                       catalyst is
                                                       within the
                                                       operating
                                                       limitation
                                                       established
                                                       during the
                                                       performance test.
11. Existing stationary CI RICE   a. Reduce CO or     i. Conducting
 > 500 HP that are not limited     formaldehyde        performance tests
 use stationary RICE, and          emissions, or       every 8,760 hours
 existing 4SLB and 4SRB            limit the           or 3 years,
 stationary RICE > 500 HP          concentration of    whichever comes
 located at an area source of      formaldehyde or     first, for CO or
 HAP that operate more than 24     CO in the           formaldehyde, as
 hours per calendar year and are   stationary RICE     appropriate, to
 not limited use stationary RICE.  exhaust, and not    demonstrate that
                                   using oxidation     the required CO
                                   catalyst or NSCR.   or formaldehyde,
                                                       as appropriate,
                                                       percent reduction
                                                       is achieved or
                                                       that your
                                                       emissions remain
                                                       at or below the
                                                       CO or
                                                       formaldehyde
                                                       concentration
                                                       limit; and
                                                      ii. Collecting the
                                                       approved
                                                       operating
                                                       parameter (if
                                                       any) data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the operating
                                                       parameters
                                                       established
                                                       during the
                                                       performance test.
12. Existing limited use CI       a. Reduce CO or     i. Conducting
 stationary RICE > 500 HP and      formaldehyde        performance tests
 existing limited use 4SLB and     emissions or        every 8,760 hours
 4SRB stationary RICE > 500 HP     limit the           or 5 years,
 located at an area source of      concentration of    whichever comes
 HAP that operate more than 24     formaldehyde or     first, for CO or
 hours per calendar year.          CO in the           formaldehyde, as
                                   stationary RICE     appropriate, to
                                   exhaust, and        demonstrate that
                                   using an            the required CO
                                   oxidation           or formaldehyde,
                                   catalyst or NSCR.   as appropriate,
                                                       percent reduction
                                                       is achieved or
                                                       that your
                                                       emissions remain
                                                       at or below the
                                                       CO or
                                                       formaldehyde
                                                       concentration
                                                       limit; and
                                                      ii. Collecting the
                                                       catalyst inlet
                                                       temperature data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the catalyst
                                                       inlet
                                                       temperature; and
                                                      v. Measuring the
                                                       pressure drop
                                                       across the
                                                       catalyst once per
                                                       month and
                                                       demonstrating
                                                       that the pressure
                                                       drop across the
                                                       catalyst is
                                                       within the
                                                       operating
                                                       limitation
                                                       established
                                                       during the
                                                       performance test.
13. Existing limited use CI       a. Reduce CO or     i. Conducting
 stationary RICE > 500 HP and      formaldehyde        performance tests
 existing limited use 4SLB and     emissions or        every 8,760 hours
 4SRB stationary RICE > 500 HP     limit the           or 5 years,
 located at an area source of      concentration of    whichever comes
 HAP that operate more than 24     formaldehyde or     first, for CO or
 hours per calendar year.          CO in the           formaldehyde, as
                                   stationary RICE     appropriate, to
                                   exhaust, and        demonstrate that
                                   using an            the required CO
                                   oxidation           or formaldehyde,
                                   catalyst or NSCR.   as appropriate,
                                                       percent reduction
                                                       is achieved or
                                                       that your
                                                       emissions remain
                                                       at or below the
                                                       CO or
                                                       formaldehyde
                                                       concentration
                                                       limit; and
                                                      ii. Collecting the
                                                       approved
                                                       operating
                                                       parameter (if
                                                       any) data
                                                       according to Sec.
                                                         63.6625(b); and
                                                      iii. Reducing
                                                       these data to 4-
                                                       hour rolling
                                                       averages; and

[[Page 51603]]

 
                                                      iv. Maintaining
                                                       the 4-hour
                                                       rolling averages
                                                       within the
                                                       operating
                                                       limitations for
                                                       the operating
                                                       parameters
                                                       established
                                                       during the
                                                       performance test.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


0
24. Table 7 to Subpart ZZZZ of Part 63 is revised to read as follows:

Table 7 to Subpart ZZZZ of Part 63. Requirements for Reports

    As stated in Sec.  63.6650, you must comply with the following 
requirements for reports:

----------------------------------------------------------------------------------------------------------------
                                   You must submit a                                            You must submit
          For each ...                    ...               The report must contain ...         the report ...
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-   Compliance report..  a. If there are no deviations from     i. Semiannually
 black start stationary RICE 100                        any emission limitations or            according to the
 <= HP <= 500 located at a major                        operating limitations that apply to    requirements in
 source of HAP; existing non-                           you, a statement that there were no    Sec.
 emergency, non-black start                             deviations from the emission           63.6650(b)(1)-(5)
 stationary CI RICE > 500 HP                            limitations or operating limitations   for engines that
 located at a major source of                           during the reporting period. If        are not limited
 HAP; existing non-emergency                            there were no periods during which     use stationary
 4SRB stationary RICE > 500 HP                          the CMS, including CEMS and CPMS,      RICE subject to
 located at a major source of                           was out-of-control, as specified in    numerical
 HAP; existing non-emergency,                           Sec.   63.8(c)(7), a statement that    emission
 non-black start stationary CI                          there were not periods during which    limitations; and
 RICE > 300 HP located at an                            the CMS was out-of-control during     ii. Annually
 area source of HAP; existing                           the reporting period; or               according to the
 non-emergency, non-black start                        b. If you had a deviation from any      requirements in
 4SLB and 4SRB stationary RICE >                        emission limitation or operating       Sec.
 500 HP located at an area                              limitation during the reporting        63.6650(b)(6)-(9)
 source of HAP and operated more                        period, the information in Sec.        for engines that
 than 24 hours per calendar                             63.6650(d). If there were periods      are limited use
 year; new or reconstructed non-                        during which the CMS, including CEMS   stationary RICE
 emergency stationary RICE > 500                        and CPMS, was out-of-control, as       subject to
 HP located at a major source of                        specified in Sec.   63.8(c)(7), the    numerical
 HAP; and new or reconstructed                          information in Sec.   63.6650(e); or   emission
 non-emergency 4SLB stationary                         c. If you had a malfunction during      limitations.
 RICE 250 <= HP <= 500 located                          the reporting period, the             i. Semiannually
 at a major source of HAP.                              information in Sec.   63.6650(c)(4)    according to the
                                                                                               requirements in
                                                                                               Sec.
                                                                                               63.6650(b).
                                                                                              i. Semiannually
                                                                                               according to the
                                                                                               requirements in
                                                                                               Sec.
                                                                                               63.6650(b).
2. New or reconstructed non-      Report.............  a. The fuel flow rate of each fuel     i. Annually,
 emergency stationary RICE that                         and the heating values that were       according to the
 combusts landfill gas or                               used in your calculations, and you     requirements in
 digester gas equivalent to 10                          must demonstrate that the percentage   Sec.   63.6650.
 percent or more of the gross                           of heat input provided by landfill
 heat input on an annual basis.                         gas or digester gas, is equivalent
                                                        to 10 percent or more of the gross
                                                        heat input on an annual basis; and
                                                       b. The operating limits provided in    i. See item 2.a.i.
                                                        your federally enforceable permit,
                                                        and any deviations from these
                                                        limits; and
                                                       c. Any problems or errors suspected    i. See item 2.a.i.
                                                        with the meters.
----------------------------------------------------------------------------------------------------------------

0
25. Appendix A to Part 63 is amended by adding, in numerical order, 
Method 323 to read as follows:

Appendix A to Part 63--Test Methods

* * * * *

Method 323--Measurement of Formaldehyde Emissions From Natural Gas-
Fired Stationary Sources--Acetyl Acetone Derivitization Method

    1.0 Introduction. This method describes the sampling and 
analysis procedures of the acetyl acetone colorimetric method for 
measuring formaldehyde emissions in the exhaust of natural gas-
fired, stationary combustion sources. This method, which was 
prepared by the Gas Research Institute (GRI), is based on the 
Chilled Impinger Train Method for Methanol, Acetone, Acetaldehyde, 
Methyl Ethyl Ketone, and Formaldehyde (Technical Bulletin No. 684) 
developed and published by the National Council of the Paper 
Industry for Air and Stream Improvement, Inc. (NCASI). However, this 
method has been prepared specifically for formaldehyde and does not 
include specifications (e.g., equipment and supplies) and procedures 
(e.g., sampling and analytical) for methanol, acetone, acetaldehyde, 
and methyl ethyl ketone. To obtain reliable results, persons using 
this method should have a thorough knowledge of at least Methods 1 
and 2 of 40 CFR Part 60, Appendix A-1; Method 3 of 40 CFR Part 60, 
Appendix A-2; and Method 4 of 40 CFR Part 60, Appendix A-3.

1.1 Scope and Application

    1.1.1 Analytes. The only analyte measured by this method is 
formaldehyde (CAS Number 50-00-0).
    1.1.2 Applicability. This method is for analyzing formaldehyde 
emissions from uncontrolled and controlled natural gas-fired, 
stationary combustion sources.

[[Page 51604]]

    1.1.3 Data Quality Objectives. If you adhere to the quality 
control and quality assurance requirements of this method, then you 
and future users of your data will be able to assess the quality of 
the data you obtain and estimate the uncertainty in the 
measurements.
    2.0 Summary of Method. An emission sample from the combustion 
exhaust is drawn through a midget impinger train containing chilled 
reagent water to absorb formaldehyde. The formaldehyde concentration 
in the impinger is determined by reaction with acetyl acetone to 
form a colored derivative which is measured colorimetrically.

3.0 Definitions

    [Reserved].
    4.0 Interferences. The presence of acetaldehyde, amines, 
polymers of formaldehyde, periodate, and sulfites can cause 
interferences with the acetyl acetone procedure which is used to 
determine the formaldehyde concentration. However, based on 
experience gained from extensive testing of natural gas-fired 
combustion sources using FTIR to measure a variety of compounds, GRI 
expects only acetaldehyde to be potentially present when combusting 
natural gas. Acetaldehyde has been reported to be a significant 
interference only when present at concentrations above 50 ppmv. 
However, GRI reports that the concentration of acetaldehyde from 
gas-fired sources is very low (typically below the FTIR detection 
limit of around 0.5 ppmv); therefore, the potential positive bias 
due to acetaldehyde interference is expected to be negligible.

5.0 Safety

    5.1 Prior to applying the method in the field, a site-specific 
Health and Safety Plan should be prepared. General safety 
precautions include the use of steel-toed boots, safety glasses, 
hard hats, and work gloves. In certain cases, facility policy may 
require the use of fire-resistant clothing while on-site. Since the 
method involves testing at high-temperature sampling locations, 
precautions must be taken to limit the potential for exposure to 
high-temperature gases and surfaces while inserting or removing the 
sample probe. In warm locations, precautions must also be taken to 
avoid dehydration.
    5.2 Potential chemical hazards associated with sampling include 
formaldehyde, nitrogen oxides (NOX), and carbon monoxide 
(CO). Formalin solution, used for field spiking, is an aqueous 
solution containing formaldehyde and methanol. Formaldehyde is a 
skin, eye, and respiratory irritant and a carcinogen, and should be 
handled accordingly. Eye and skin contact and inhalation of 
formaldehyde vapors should be avoided. Natural gas-fired combustion 
sources can potentially emit CO at toxic concentrations. Care should 
be taken to minimize exposure to the sample gas while inserting or 
removing the sample probe. If the work area is enclosed, personal CO 
monitors should be used to insure that the concentration of CO in 
the work area is maintained at safe levels.
    5.3 Potential chemical hazards associated with the analytical 
procedures include acetyl acetone and glacial acetic acid. Acetyl 
acetone is an irritant to the skin and respiratory system, as well 
as being moderately toxic. Glacial acetic acid is highly corrosive 
and is an irritant to the skin, eyes, and respiratory system. Eye 
and skin contact and inhalation of vapors should be avoided. Acetyl 
acetone and glacial acetic acid have flash points of 41 [deg]C 
(105.8 [deg]F) and 43 [deg]C (109.4 [deg]F), respectively. Exposure 
to heat or flame should be avoided.

6.0 Equipment and Supplies

    6.1 Sampling Probe. Quartz glass probe with stainless steel 
sheath or stainless steel probe.
    6.2 Teflon Tubing. Teflon tubing to connect the sample probe to 
the impinger train. A heated sample line is not needed since the 
sample transfer system is rinsed to recover condensed formaldehyde 
and the rinsate combined with the impinger contents prior to sample 
analysis.
    6.3 Midget Impingers. Three midget impingers are required for 
sample collection. The first impinger serves as a moisture knockout, 
the second impinger contains 20 mL of reagent water, and the third 
impinger contains silica gel to remove residual moisture from the 
sample prior to the dry gas meter.
    6.4 Vacuum Pump. Vacuum pump capable of delivering a controlled 
extraction flow rate between 0.2 and 0.4 L/min.
    6.5 Flow Measurement Device. A rotameter or other flow 
measurement device is required to indicate consistent sample flow.
    6.6 Dry Gas Meter. A dry gas meter is used to measure the total 
sample volume collected. The dry gas meter must be sufficiently 
accurate to measure the sample volume to within 2 percent, 
calibrated at the selected flow rate and conditions actually 
encountered during sampling, and equipped with a temperature sensor 
(dial thermometer, or equivalent) capable of measuring temperature 
accurately to within 3 [deg]C (5.4 [deg]F).
    6.7 Spectrophotometer. A spectrophotometer is required for 
formaldehyde analysis, and must be capable of measuring absorbance 
at 412 nm.

7.0 Reagents and Standards

7.1 Sampling Reagents

    7.1.1 Reagent water. Deionized, distilled, organic-free water. 
This water is used as the capture solution, for rinsing the sample 
probe, sample line, and impingers at the completion of the sampling 
run, in reagent dilutions, and in blanks.
    7.1.2 Ice. Ice is necessary to pack around the impingers during 
sampling in order to keep the impingers cold. Ice is also needed for 
sample transport and storage.

7.2 Analysis

    7.2.1 Acetyl acetone Reagent. Prepare the acetyl acetone reagent 
by dissolving 15.4 g of ammonium acetate in 50 mL of reagent water 
in a 100-mL volumetric flask. To this solution, add 0.20 mL of 
acetyl acetone and 0.30 mL of glacial acetic acid. Mix the solution 
thoroughly, then dilute to 100 mL with reagent water. The solution 
can be stored in a brown glass bottle in the refrigerator, and is 
stable for at least two weeks.
    7.2.2 Formaldehyde. Reagent grade.
    7.2.3 Ammonium Acetate
    7.2.4 Glacial Acetic Acid

8.0 Sample Collection, Preservation, Storage, and Transport

8.1 Pre-test

    8.1.1 Collect information about the site characteristics such as 
exhaust pipe diameter, gas flow rates, port location, access to 
ports, and safety requirements during a pre-test site survey. You 
should then decide the sample collection period per run and the 
target sample flow rate based on your best estimate of the 
formaldehyde concentration likely to be present. You want to assure 
that sufficient formaldehyde is captured in the impinger solution so 
that it can be measured precisely by the spectrophotometer. You may 
use Equation 323-1 to design your test program. As a guideline for 
optimum performance, if you can, design your test so that the liquid 
concentration (Cl) is approximately 10 times the assumed 
spectrophotometer detection limit of 0.2 [mu]g/mL. However, since 
actual detection limits are instrument specific, we also suggest 
that you confirm that the laboratory equipment can meet or exceed 
this detection limit.
    8.1.2 Prepare and then weigh the midget impingers prior to 
configuring the sampling train. The first impinger is initially dry. 
The second impinger contains 20 mL of reagent water, and the third 
impinger contains silica gel that is added before weighing the 
impinger. Each prepared impinger is weighed and the pre-sampling 
weight is recorded to the nearest 0.5 gm.
    8.1.3 Assemble the sampling train (see Figure 1). Ice is packed 
around the impingers in order to keep them cold during sample 
collection. A small amount of water may be added to the ice to 
improve thermal transfer.
    8.1.4 Perform a sampling system leak check (from the probe tip 
to the pump outlet) as follows: Connect a rotameter to the outlet of 
the pump. Close off the inlet to the probe and observe the leak 
rate. The leak rate must be less than 2 percent of the planned 
sampling rate of 0.2 or 0.4 L/min.
    8.1.5 Source gas temperature and static pressure should also be 
considered prior to field sampling to ensure adequate safety 
precautions during sampling.

8.2 Sample Collection

    8.2.1 Set the sample flow rate between 0.2-0.4 L/min, depending 
upon the anticipated concentration of formaldehyde in the engine 
exhaust. (You may have to refer to published data for anticipated 
concentration levels--see References 5 and 6.) If no information is 
available for the anticipated levels of formaldehyde, use the higher 
sampling rate of 0.4 L/min.
    8.2.2 Record the sampling flow rate every 5 to 10 minutes during 
the sample collection period. NOTE: It is critical that you do not 
sample at a flow rate higher than 0.4 L/min. Sampling at higher flow 
rates may reduce formaldehyde collection efficiency resulting in 
measured formaldehyde concentrations that are less than the actual 
concentrations.

[[Page 51605]]

    8.2.3 Monitor the amount of ice surrounding the impingers and 
add ice as necessary to maintain the proper impinger temperature. 
Remove excess water as needed to maintain an adequate amount of ice.
    8.2.4 Record measured leak rate, beginning and ending times and 
dry gas meter readings for each sampling run, impinger weights 
before and after sampling, and sampling flow rates and dry gas meter 
exhaust temperature every 5 to 10 minutes during the run, in a 
signed and dated notebook.
    8.2.5 If possible, monitor and record the fuel flow rate to the 
engine and the exhaust oxygen concentration during the sampling 
period. This data can be used to estimate the engine exhaust flow 
rate based on the Method 19 approach. This approach, if accurate 
fuel flow rates can be determined, is preferred for reciprocating IC 
engine exhaust flow rate estimation due to the pulsating nature of 
the engine exhaust. The F-Factor procedures described in Method 19 
may be used based on measurement of fuel flow rate and exhaust 
oxygen concentration. One example equation is Equation 323-2.
    8.3 Post-test. Perform a sampling system leak-check (from the 
probe tip to pump outlet). Connect a rotameter to the outlet of the 
pump. Close off the inlet to the probe and observe the leak rate. 
The leak rate must be less than 2 percent of the sampling rate. 
Weigh and record each impinger immediately after sampling to 
determine the moisture weight gain. The impinger weights are 
measured before transferring the impinger contents, and before 
rinsing the sample probe and sample line. The moisture content of 
the exhaust gas is determined by measuring the weight gain of the 
impinger solutions and volume of gas sampled as described in Method 
4. Rinse the sample probe and sample line with reagent water. 
Transfer the impinger catch to an amber 40-mL VOA bottle with a 
Teflon-lined cap. If there is a small amount of liquid in the 
dropout impinger (< 10 mL), the impinger catches can be combined in 
one 40 mL VOA bottle. If there is a larger amount of liquid in the 
dropout impinger, use a larger VOA bottle to combine the impinger 
catches. Rinse the impingers and combine the rinsings from the 
sample probe, sample line, and impingers with the impinger catch. In 
general, combined rinse volumes should not exceed 10 mL. However, in 
cases where a long, flexible extension line must be used to connect 
the sample probe to the sample box, sufficient water must be used to 
rinse the connecting line to insure that any sample that may have 
collected there is recovered. The volume of the rinses during sample 
recovery should not be excessive as this may result in your having 
to use a larger VOA bottle. This in turn would raise the detection 
limit of the method since after combining the rinses with the 
impinger catches in the VOA bottle, the bottle should be filled with 
reagent water to eliminate the headspace in the sample vial. Keep 
the sample bottles over ice until analyzed on-site or received at 
the laboratory. Samples should be analyzed as soon as possible to 
minimize possible sample degradation. Based on a limited number of 
previous analyses, samples held in refrigerated conditions showed 
some sample degradation over time.

8.4 Quality Control Samples

    8.4.1 Field Duplicates. During at least one run, a pair of 
samples should be collected concurrently and analyzed as separate 
samples. Results of the field duplicate samples should be identified 
and reported with the sample results. The percent difference in 
exhaust (stack) concentration indicated by field duplicates should 
be within 20 percent of their mean concentration. Data are to be 
flagged as suspect if the duplicates do not meet the acceptance 
criteria.
    8.4.2 Spiked Samples. An aliquot of one sample from each source 
sample set should be spiked at 2 to 3 times the formaldehyde level 
found in the unspiked sample. It is also recommended that a second 
aliquot of the same sample be spiked at around half the level of the 
first spike; however, the second spike is not mandatory. The results 
are acceptable if the measured spike recovery is 80 to 120 percent. 
Use Equation 323-4. Data are to be flagged as suspect if the spike 
recovery do not meet the acceptance criteria.
    8.4.3 Field Blank. A field blank consisting of reagent water 
placed in a clean impinger train, taken to the test site but not 
sampled, then recovered and analyzed in the same manner as the other 
samples, should be collected with each set of source samples. The 
field blank results should be less than 50 percent of the lowest 
calibration standard used in the sample analysis. If this criteria 
is not met, the data should be flagged as suspect.

9.0 Quality Control

----------------------------------------------------------------------------------------------------------------
                QA/QC                         Acceptance               Frequency            Corrective action
----------------------------------------------------------------------------------------------------------------
Leak-check--Sections 8.1.4, 8.3......  < 2% of Sampling rate    Pre- and Post-sampling.  Pre-sampling: Repair
                                                                                          leak and recheck
                                                                                         Post-sampling: Flag
                                                                                          data and repeat run if
                                                                                          for regulatory
                                                                                          compliance.
Sample flow rate.....................  Between 0.2 and 0.4 L/   Throughout sampling....  Adjust.
                                        min
VOA vial headspace...................  No headspace...........  After sample recovery..  Flag data.
Sample preservation..................  Maintain on ice........  After sample recovery..  Flag data.
Sample hold time.....................  14 day maximum.........  After sample recovery..  Flag data.
Field Duplicates--Section 8.4.1......  Within 20% of mean of    One duplicate per        Flag data.
                                        original and duplicate   source sample set.
                                        sample.
Spiked Sample--Section 8.4.2.........  Recovery between 80 and  One spike per source     Flag data.
                                        120%.                    sample set.
Field Blank--Section 8.4.3...........  < 50% of the lowest      One blank per source     Flag data.
                                        calibration standard.    sample set.
Calibration Linearity--Section 10.1..  Correlation coefficient  Per source sample set..  Repeat calibration
                                        of 0.99 or higher.                                procedures.
Calibration Check Standard--Section    Within 10% of            One calibration check    Repeat check, remake
 10.3.                                  theoretical value.       per source sample set.   standard and repeat,
                                                                                          repeat calibration.
Lab Duplicates--Section 11.2.1.......  Within 10% of mean of    One duplicate per 10     Flag data.
                                        original and duplicate   samples.
                                        sample analysis.
Analytical Blanks--Section 11.2.2....  < 50% of the lowest      One blank per source     Clean glassware/
                                        calibration standard.    sample set.              analytical equipment
                                                                                          and repeat.
----------------------------------------------------------------------------------------------------------------

10.0 Calibration and Standardization

    10.1 Spectrophotometer Calibration. Prepare a stock solution of 
10 [mu]g/mL formaldehyde. Prepare a series of calibration standards 
from the stock solution by adding 0, 0.1, 0.3, 0.7, 1.0, and 1.5 mL 
of stock solution (corresponding to 0, 1.0, 3.0, 7.0, 10.0, and 15.0 
[mu]g formaldehyde, respectively) to screw-capped vials. Adjust each 
vial's volume to 2.0 mL with reagent water. At this point the 
concentration of formaldehyde in the standards is 0.0, 0.5, 1.5, 
3.5, 5.0, and 7.5 [mu]g/mL, respectively. Add 2.0 mL of acetyl 
acetone reagent, thoroughly mix the solution, and place the vials in 
a water bath (or heating block) at 60 [deg]C for 10 minutes. Remove 
the vials and allow to cool to room temperature. Transfer each 
solution to a cuvette and measure the absorbance at 412 nm using the 
spectrophotometer. Develop a calibration curve from the analytical 
results of these standards. The acceptance criteria for the 
spectrophotometer calibration is a correlation coefficient of 0.99 
or higher. If this criteria is not met, the calibration procedures 
should be repeated.

[[Page 51606]]

    10.2 Spectrophotometer Zero. The spectrophotometer should be 
zeroed with reagent water when analyzing each set of samples.
    10.3 Calibration Checks. Calibration checks consisting of 
analyzing a standard separate from the calibration standards must be 
performed with each set of samples. The calibration check standard 
should not be prepared from the calibration stock solution. The 
result of the check standard must be within 10 percent of the 
theoretical value to be acceptable. If the acceptance criteria are 
not met, the standard must be reanalyzed. If still unacceptable, a 
new calibration curve must be prepared using freshly prepared 
standards.

11.0 Analytical Procedure

    11.1 Sample Analysis. A 2.0-mL aliquot of the impinger catch/
rinsate is transferred to a screw-capped vial. Two mL of the acetyl 
acetone reagent are added and the solution is thoroughly mixed. Once 
mixed, the vial is placed in a water bath (or heating block) at 60 
[deg]C for 10 minutes. Remove the vial and allow to cool to room 
temperature. Transfer the solution to a cuvette and measure the 
absorbance using the spectrophotometer at 412 nm. The quantity of 
formaldehyde present is determined by comparing the sample response 
to the calibration curve. Use Equation 323-5. If the sample response 
is out of the calibration range, the sample must be diluted and 
reanalyzed. Such dilutions must be performed on another aliquot of 
the original sample before the addition of the acetyl acetone 
reagent. The full procedure is repeated with the diluted sample.
    11.2 Analytical Quality Control
    11.2.1 Laboratory Duplicates. Two aliquots of one sample from 
each source sample set should be prepared and analyzed (with a 
minimum of one pair of aliquots for every 10 samples). The percent 
difference between aliquot analysis should be within 10 percent of 
their mean. Use Equation 323-3. Data are flagged if the laboratory 
duplicates do not meet this criteria.
    11.2.2 Analytical blanks. Blank samples (reagent water) should 
be incorporated into each sample set to evaluate the possible 
presence of any cross-contamination. The acceptance criteria for the 
analytical blank is less than 50 percent of the lowest calibration 
standard. If the analytical blank does not meet this criteria, the 
glassware/analytical equipment should be cleaned and the analytical 
blank repeated.

12.0 Calculations and Data Analysis

    12.1 Nomenclature

A = measured absorbance of 2 mL aliquot
B = estimated sampling rate, Lpm
Cl = target concentration in liquid, [mu]g/mL
D = estimated stack formaldehyde concentration (ppmv)
E = estimated liquid volume, normally 40 mL (the size of the VOA 
used)
cform = formaldehyde concentration in gas stream, ppmvd
cform @15%02 = formaldehyde concentration in 
gas stream corrected to 15% oxygen, ppmvd
Csm = measured concentration of formaldehyde in the 
spiked aliquot
Cu = measured concentration of formaldehyde in the 
unspiked aliquot of the same sample
Cs = calculated concentration of formaldehyde spiking 
solution added to the spiked aliquot
F = dilution factor, 1 unless dilution of the sample was needed to 
reduce the absorbance into the calibration range
Fd = dry basis F-factor from Method 19, dscf per million 
btu GCVg = Gross calorific value (or higher heating 
value), btu per scf
Kc = spectrophotometer calibration factor, slope of the 
least square regression line, [mu]g/absorbance (Note: Most 
spreadsheets are capable of calculating a least squares line.)
K1 = 0.3855 [deg]K/mm Hg for metric units, (17.65 [deg]R/
in.Hg for English units.)
MW = molecular weight, 30 g/g-mole, for formaldehyde 24.05 = mole 
specific volume constant, liters per g-mole
m = mass of formaldehyde in liquid sample, mg
Pstd = Standard pressure, 760 mm Hg (29.92 in.Hg)
Pbar = Barometric pressure, mm Hg (in.Hg)
PD = Percent Difference
Qe = exhaust flow rate, dscf per minute
Qg = natural gas fuel flow rate, scf per minute
Tm = Average DGM absolute temperature, [deg]K ([deg]R).
Tstd = Standard absolute temperature, 293 [deg]K (528 
[deg]R).
t = sample time (minutes)
Vm = Dry gas volume as measured by the DGM, dcm (dcf).
Vm(std) = Dry gas volume measured by the DGM, corrected 
to standard conditions of 1 atmosphere and 20 [deg]C, dscm (dscf).
Vt = actual total volume of impinger catch/rinsate, mL
Va = volume (2.0) of aliquot analyzed, mL
X1 = first value
X2 = second value
O2d = oxygen concentration measured, percent by volume, 
dry basis
%R = percent recovery of spike
Zu = volume fraction of unspiked (native) sample 
contained in the final spiked aliquot [e.g., Vu/(Vu + Vs), where Vu 
+ Vs should = 2.0 mL]
Zs = volume fraction of spike solution contained in the 
final spiked aliquot [e.g., Vs/(Vu + Vs)]
R = 0.02405 dscm per g-mole, for metric units at standard conditions 
of 1 atmosphere and 20 [deg]C
Y = Dry Gas Meter calibration factor

    12.2 Pretest Design
    [GRAPHIC] [TIFF OMITTED] TR20AU10.005
    
    12.3 Exhaust Flow Rate
    [GRAPHIC] [TIFF OMITTED] TR20AU10.006
    
    12.4 Percent Difference--(Applicable to Field and Lab 
Duplicates)
[GRAPHIC] [TIFF OMITTED] TR20AU10.007

    12.5 Percent Recovery of Spike
    [GRAPHIC] [TIFF OMITTED] TR20AU10.008
    
    12.6 Mass of Formaldehyde in Liquid Sample
    [GRAPHIC] [TIFF OMITTED] TR20AU10.009
    

[[Page 51607]]


    12.7 Dry Gas Sample Volume Corrected to Standard Conditions
    [GRAPHIC] [TIFF OMITTED] TR20AU10.010
    
    12.8 Formaldehyde Concentration in gas Stream
    [GRAPHIC] [TIFF OMITTED] TR20AU10.011
    
    12.9 Formaldehyde Concentration Corrected to 15% Oxygen
    [GRAPHIC] [TIFF OMITTED] TR20AU10.012
    
13.0 Method Performance

    13.1 Precision. Based on a Method 301 validation using quad 
train arrangement with post sampling spiking study of the method at 
a natural gas-fired IC engine, the relative standard deviation of 
six pairs of unspiked samples was 11.2 percent at a mean stack gas 
concentration of 16.7 ppmvd.
    13.2 Bias. No bias correction is allowed. The single Method 301 
validation study of the method at a natural gas-fired IC engine, 
indicated a bias correction factor of 0.91 for that set of data. An 
earlier spiking study got similar average percent spike recovery 
when spiking into a blank sample. This data set is too limited to 
justify using a bias correction factor for future tests at other 
sources.
    13.3 Range. The range of this method for formaldehyde is 0.2 to 
7.5 [mu]g/mL in the liquid phase. (This corresponds to a range of 
0.27 to 10 ppmv in the engine exhaust if sampling at a rate of 0.4 
Lpm for 60 minutes and using a 40-mL VOA bottle.) If the liquid 
sample concentration is above this range, perform the appropriate 
dilution for accurate measurement. Any dilutions must be taken from 
new aliquots of the original sample before reanalysis.
    13.4 Sample Stability. Based on a sample stability study 
conducted in conjunction with the method validation, sample 
degradation for 7- and 14-day hold times does not exceed 2.3 and 4.6 
percent, respectively, based on a 95 percent level of confidence. 
Therefore, the recommended maximum sample holding time for the 
underivatized impinger catch/rinsings is 14 days, where projected 
sample degradation is below 5 percent.

14.0 Pollution Prevention

    Sample gas from the combustion source exhaust is vented to the 
atmosphere after passing through the chilled impinger sampling 
train. Reagent solutions and samples should be collected for 
disposal as aqueous waste.

15.0 Waste Management

    Standards of formaldehyde and the analytical reagents should be 
handled according to the Material Safety Data Sheets.

16.0 References

    1. National Council of the Paper Industry for Air and Stream 
Improvement, Inc. ``Volatile Organic Emissions from Pulp and Paper 
Mill Sources, Part X--Test Methods, Quality Assurance/Quality 
Control Procedures, and Data Analysis Protocols.'' Technical 
Bulletin No. 684, December 1994.
    2. National Council of the Paper Industry for Air and Stream 
Improvement, Inc., ``Field Validation of a Source Sampling Method 
for Formaldehyde, Methanol, and Phenol at Wood Products Mills.'' 
1997 TAPPI International Environmental Conference.
    3. Roy F. Weston, Inc. ``Formaldehyde Sampling Method Field 
Evaluation and Emission Test Report for Georgia-Pacific Resins, 
Inc., Russellville, South Carolina.'' August 1996.
    4. Hoechst Celanese Method CL 8-4. ``Standard Test Method for 
Free Formaldehyde in Air Using Acetyl Acetone.'' Revision 0, 
September 1986.
    5. Shareef, G.S., et al. ``Measurement of Air Toxic Emissions 
from Natural Gas-Fired Internal Combustion Engines at Natural Gas 
Transmission and Storage Facilities.'' Report No. GRI-96/0009.1, Gas 
Research Institute, Chicago, Illinois, February 1996.
    6. Gundappa, M., et al. ``Characteristics of Formaldehyde 
Emissions from Natural Gas-Fired Reciprocating Internal Combustion 
Engines in Gas Transmission. Volume I: Phase I Predictive Model for 
Estimating Formaldehyde Emissions from 2-Stroke Engines.'' Report 
No. GRI-97/0376.1, Gas Research Institute, Chicago, Illinois, 
September 1997.

17.0 Tables, Diagrams, Flowcharts, and Validation Data

[[Page 51608]]

[GRAPHIC] [TIFF OMITTED] TR20AU10.004

[FR Doc. 2010-20298 Filed 8-19-10; 8:45 am]
BILLING CODE 6560-50-P